State Consumer Disputes Redressal Commission
National Insurance Co.Ltd. vs Nathu Lal on 26 March, 2009
BEFORE
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CIRCUIT BENCH,
RAJASTHAN, JAIPUR
APPEAL
No. 1548/2003
National
Insurance Co. Ltd. Vs Nathu Lal Kumawat
26.03.2009
Before:
Mr.
G.S. Hora, Presiding Member
Mr. Sikandar Punjabi, Member Present:
Mr. Dinesh Kala, counsel for the Appellant Mr. Rahul Choudhary, counsel for the Respondent Heard.
This appeal has been filed against the order dated 18.7.2003 passed by the learned District Forum, Sikar whereby the Appellant Insurance Co. was directed to pay to the Complainant a sum of Rs. 2,02,866/- after deducting the salvage value + interest @ 12% per annum from the date of submission of report by Surveyor besides Rs. 4,000/- as compensation towards mental agony and litigation expenses.
Heard the learned counsels and gone through the record.
Simply because the trolly was attached to the Tractor and one person was sitting in the trolly, it cannot be said that there was violation of terms of the insurance policy. So far as the amount of compensation is concerned, the impugned order of the learned District Forum is as per the report given by the Surveyor who was appointed by the Insurance Co. The amount of compensation has to be confirmed as it is based on the report submitted by the Surveyor. So far as the award of interest @ 12% is concerned, in the interest of justice the same is reduced to 9% per annum which shall be payable from 1.1.2003.
Consequently, the impugned order is modified to the extent that the Complainant shall get interest on Rs. 2,02,866/- @ 9% per annum instead of 12% per annum from 1.1.2003 while confirming the rest of the impugned order of the learned District Forum.
Member Presiding Member Hira Lal