State Consumer Disputes Redressal Commission
Rajesh Kumar Son Of Shri Ram Phal, ... vs The Oriental Insurance Co. Ltd. Jawahar ... on 3 February, 2012
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA First Appeal No.1319 of 2010 Date of Institution: 10.09.2010 Date of Decision: 03.02.2012 Rajesh Kumar son of Shri Ram Phal, Resident of House No.781/F/2, Ward No.10, Gali No.5, Roop Nagar, Rohtak. Appellant (Complainant) Versus The Oriental Insurance Co. Ltd. Jawahar Market, Opposite D Park, Model Town, Rohtak. Respondent (OP) BEFORE: Honble Mr. Justice R.S. Madan, President. Mr. B.M. Bedi, Judicial Member. For the Parties: None for appellant. Respondent exparte. O R D E R
Justice R.S. Madan, President:
Case called several times since morning but none put in appearance on behalf of the appellant-complainant though the case is fixed for arguments. It is already 1.00 P.M. Respondent already exparte. Heavy pendency of appeals/complaints as well as non-cooperative attitude of the parties/their counsel is the reason for heavy cause list. Under these circumstances we do not think it appropriate to adjourn this appeal indefinitely and therefore we proceed to decide the same after going through the case file.
The delay of 37 days in filing of the present appeal is condoned for the reasons stated in the application moved by the appellant for condonation of delay.
This appeal has been preferred against the order dated 23.06.2010 passed by District Consumer Forum, Rohtak whereby complaint filed by the complainant (appellant herein) for granting of compensation in respect of insured truck which damaged during the subsistence of the Insurance Policy, was dismissed on the ground that the driver of the truck was not holding a valid and effective driving license at the time of damage of the truck.
The brief facts of the present case as emerged from the record are that truck bearing Registration No.46B/7445 of the respondent-complainant was insured with he respondent-opposite party. Due to some mechanical defect, the truck was in stationary condition and parked on a jack.
Due to sudden slip of the jack, the truck was badly damaged. Complainant informed the Insurance Company upon which Shri Sushil Kumar Sharma, Investigator and Loss Assessor was deputed who inspected the vehicle and submitted his report whereby he assessed the damage of the truck to the extent of Rs.1,23,804/- less the salvage value of Rs.5,000/-. However, complainants claim was repudiated by the opposite party on the ground that Jogender Singh son of Ajit Singh, driver of the truck was not holding a valid and effective driving license at the time of accident and damage of the truck. Challenging the repudiation of his claim, the complainant invoked the jurisdiction of the District Consumer Forum by filing complaint which on having been contested by the opposite party on the above stated ground was dismissed with the finding that the driver of the truck was not holding a valid and effective driving license.
Aggrieved against the order of the impugned order, the complainant has come up in appeal.
We have perused the case file. The question for consideration before us is as to whether the opposite party justifiably repudiated complainants claim. Admittedly, at the time of incident the truck was stationary on a jack for some mechanical repairs by a mechanic and suddenly the jack slipped, truck turned turtle and damaged. Thus, the truck was not being driven by any one at the time of accident and therefore the validity of the driving license cannot be a good ground to repudiate complainants claim and thus we hold that the complainant is entitled to the insurable benefits of his truck which damaged during the subsistence of the Insurance Policy.
Accordingly, this appeal is accepted and the impugned order is set aside.
Now the question for consideration before us is as to what extent the complainant is entitled for compensation.
It has been settled in catena of judgments that the surveyors report is an important document unless and until any evidence is produced by the parties contrary to it. Admittedly, in the instant case the surveyor of the Insurance Company has assessed the damaged of the truck to the extent of Rs.1,23,804/- less the salvage value of Rs.5,000/-. Hence, it is ordered that the opposite party-Insurance Company shall pay the amount of Rs.1,23,804/- less the salvage value of Rs.5,000/- to the complainant within a period of 60 days alongwith interest @ 6% per annum from the date of filing of the complaint till its realization. However, no order as to cost as the complainant has been adequately compensated by granting interest on the awarded amount.
Announced: Justice R.S. Madan 03.02.2012 President B.M. Bedi Judicial Member