NEW INDIA ASSURANCE COMPANY LIMITED Vs. SHUKLA AUTO SERVICE

JUDGEMENT

(1.) THE New India Assurance Company Ltd. is aggrieved by the order dated 16.2.1998 passed by District Consumer Forum, Basti in Complaint Case No. 77 of 1996 whereby it has directed the complainant to be paid Rs. 45,000 with 16 % interest believing the allegation of the complainant that the said amount was lost in transit and was covered by insurance policy.

(2.) MR . M.S. Kotwal learned Counsel for appellant and Mr. S.C. Awasthi learned Counsel for complainant have been heard and the entire record has been examined.

(3.) THERE is no dispute about the instant theft having taken place regarding which FIR was lodged by the complainant. It is alleged that Rs. 45,000 were kept in scooter and complainant s son who was driving the scooter, had stopped the scooter near Punjab National Bank for washing his face and hands. As soon as he returned he found the amount was missing. He lodged FIR but nothing was done hence present complaint was filed.