State Consumer Disputes Redressal Commission
United India Insurance Co. vs Vaishno Devi Petroleum Services on 23 July, 2009
APPEAL NO: 2057/2008 United India Insurance Co. Ltd. Sahara Chambers, Tonk Road, Jaipur through its Regional Manager. Opposite party-appellant Vs. M/s. Veshno Devi Petroleum Service, Maval through its proprietor Heeralal r/o 3, Maval, Aburoad, Distt. Sirohi. Complainant-respondent Date of judgment 23.7.09 Before: Mr.Justice Sunil Kumar Garg-President Mrs.Vimla Sethia-Member
Mr.Abhishek Bhandari counsel for the appellant Mr.Prashant Mantri counsel for the respondent This appeal has been filed by the appellant Insurance Co. against order dated 1.10.08 passed by the District Forum,Sirohi in complaint no. 70/2004 by which the complaint of the complainant respondent was allowed in the manner that the appellants were directed to pay a sum of Rs. 2,31,319/- as amount for the loss of the diesel due to accident after deducting 780 lt. of diesel alongwith interest @ 10% p.a. w.e.f. 23.8.04 and if the amount was not paid within two months the rate of interest would be charged @ 12% p.a. 2
2. It arises in the following circumstances-
That the complainant respondent had filed a complaint against the appellants before the District Forum, Sirohi on 20.8.04 inter alia stating that his vehicle bearing registration no. RJ 24 G 0401 was got insured with the appellants Insurance Co. for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India and the cover note is marked Anx. 1. It was further stated in the complaint that on 23.7.03 12000 high speed diesel was filled in up in the said vehicle and that diesel was taken from HPCL, Udaipur and was to be delivered at Revdar and the price of the diesel was Rs.2,47,400/- as is evident from the invoice Anx. 2. It was further stated in the complaint that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river and since there was water on the bridge, the said truck had fallen as a result of which 11220 lt. diesel was lost and only 780 lt. diesel had remained in the vehicle and a Rapat bearing no. 1060 dated 23.7.03 was also lodged with the Police Station, Aburoad ,Distt. Sirohi. It was further stated in the complaint that a claim was preferred by the complainant before the office of the appellants Insurance Co. but the claim was repudiated by the appellants through letter dated 20.4.04 in the following manner-
" As per investigation report, claim looked manipulated as insured and driver statement were not tallied with facts of ground.Hence claim was 3 treated as No claim."
Thereafter the present complaint was filed by the complainant.
A reply was filed by the appellants before the District Forum, Sirohi and in the reply they have taken the same pleas which were taken by them in the repudiation letter dated 20.4.04. It was further stated in the reply that the accident had not taken place in the manner as stated by the complainant and the claim was filed by the complainant with intention to get compensation with ulterior motive.
After hearing the parties, the District Forum, Sirohi through impugned order dated 1.10.08 had allowed the complaint of the complainant after placing reliance on the report dated 13.8.03 of Mr. Rajnikant Panchal, Surveyor and Loss Assessor who had admitted the fact that 50% diesel might be leaked due to accident and further Mr.Satendra Singh Yadav, the another surveyor in his report dated 8.3.04 had admitted the fact that 45% oil was lost, therefore, taken into consideration all these aspects and further since the water which was flowing on the road was having some traces of the oil and therefore, the District Forum had come to the conclusion that after accident the diesel had flown from the tanker and further since from Udaipur 12000 lt. diesel was filled in up in the tanker and only 780 lt. was found in the tanker, therefore, the complainant is entitled to get the price of 11220 lt. diesel that come to Rs.2,31,319/-.
4Aggrieved from the said order dated 1.10.08 passed by the District Forum, Sirohi, this appeal has been filed by the appellants Insurance Company.
3. In this appeal the main contention of the learned counsel for the appellants is that the findings recorded by the District Forum by which complaint was allowed are erroneous one and the claim of the complainant was rightly repudiated by the appellants through letter dated 20.4.04 and the District Forum had committed serious error and illegality in decreeing the claim of the complainant respondent. Hence the impugned order could not be sustained and liable to be quashed and set aside and this appeal deserves to be allowed.
4. On the other hand the learned counsel appearing for the respondent has supported the impugned order passed by the District Forum, Sirohi.
5. We have heard the learned counsel for the appellants as well as for the respondent and have gone through the entire materials available on record.
6. There is no dispute on the point that the vehicle of the complainant respondent bearing registration no. RJ 24 G 0401 was got insured with the appellants for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India.
7. There is no dispute on the point that on 23.7.03 , 12000 high speed diesel was filled in up in the said vehicle and that 5 diesel was taken from HPCL, Udaipur and was to be delivered at Revdar .
8. There is no dispute on the point that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river the said truck had fallen.
9. There is no dipute on the point that Surveyor & Loss Assessor Mr. Rajnikant Panchal, who had conducted the preliminary survey of the incident , in his report dated 13.8.03 had come to the following conclusion-
" In evening around 11.30 p.m. got shifting of remained diesel of tanker no. RJ 24 G 0401 in tanker no. RJ 24 G 0588. I have got weighment of tanker no. RJ 24 G 0588 in empty condition ( unleden 9430 kt.) and after shifting of remained diesel ( leden weight -10210 kg.) net remained diesel weight 780 kg. only."
10. When this being the position to say that no accident had taken place and no loss had occured to the complainant respondent could not be found established.
11. Not only this from the photographs which have been filed by the complainant alongwith the complaint, the fact that the said tanker had fallen in the river is well established though it was in the tilting position and a bare perusal of the photographs clearly reveals that by the accident loss of the diesel must have occured.
12. It may be stated here that from the survey report of Mr.Satendra Singh Yadav dated 8.3.04, the fact that the accident 6 had taken place is also well established and thus, taken into consideration the report of Mr.Rajnikant Panchal, the District Forum had rightly passed the impugned order in the manner that after deducting the price of 780 lt. diesel , the price of the remaining diesel was ordered to be paid to the complainant respondent by the appellants.
13. For the reasons stated above, the appellants were not justified in repudiating the claim of the complainant respondent and the appellants have repudiated the claim of the complainant respondent without any basis and on wrong assumption and in an arbitrary manner and in view of this, the findings of the District Forum decreeing the claim of the complainant respondent are liable to be confirmed as they are based on correct appreciation of entire materials and evidence available on record and they do not suffer from any basic infirmity, illegality or perversity and this appeal deserves to be dismissed on merits.
On point of interest
14. In this case the District Forum had awarded interest @ 10% p.a. on the decreetal amount and if the amount was not paid within two months the rate of interest would be 12% p.a.
15. In our considered opinion, the rate of interest awarded by the District Forum appears to be on higher side and looking to the entire facts and circumstances of the case, we deem it proper to award interest at the rate of 9% p.a. instead of 12% p.a. and to that extent, the impugned order of the District Forum is liable to be modified.
7Accordingly, this appeal filed by the appellants on merits is dismissed. However, the complainant respondent would get interest on the decreetal amount at the rate of 9% p.a. instead of 12% p.a. and to the above extent on point of rate of interest , the impugned order of the District Forum,Sirohi dated 1.10.08 stands modified accordingly.
Member President APPEAL NO: 2057/2008 United India Insurance Co. Ltd.
Sahara Chambers, Tonk Road, Jaipur through its Regional Manager.
Opposite party-appellant Vs. M/s.
Veshno Devi Petroleum Service, Maval through its proprietor Heeralal r/o 3, Maval, Aburoad, Distt. Sirohi.
Complainant-respondent Date of judgment 23.7.09 Before: Mr.Justice Sunil Kumar Garg-President Mrs.Vimla Sethia-Member Mr.Abhishek Bhandari counsel for the appellant Mr.Prashant Mantri counsel for the respondent This
appeal has been filed by the appellant Insurance Co. against order dated 1.10.08 passed by the District Forum,Sirohi in complaint no. 70/2004 by which the complaint of the complainant respondent was allowed in the manner that the appellants were directed to pay a sum of Rs. 2,31,319/- as amount for the loss of the diesel due to accident after deducting 780 lt. of diesel alongwith interest @ 10% p.a. w.e.f. 23.8.04 and if the amount was not paid within two months the rate of interest would be charged @ 12% p.a. 2
2. It arises in the following circumstances-
That the complainant respondent had filed a complaint against the appellants before the District Forum, Sirohi on 20.8.04 inter alia stating that his vehicle bearing registration no. RJ 24 G 0401 was got insured with the appellants Insurance Co. for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India and the cover note is marked Anx. 1. It was further stated in the complaint that on 23.7.03 12000 high speed diesel was filled in up in the said vehicle and that diesel was taken from HPCL, Udaipur and was to be delivered at Revdar and the price of the diesel was Rs.2,47,400/- as is evident from the invoice Anx. 2. It was further stated in the complaint that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river and since there was water on the bridge, the said truck had fallen as a result of which 11220 lt. diesel was lost and only 780 lt. diesel had remained in the vehicle and a Rapat bearing no. 1060 dated 23.7.03 was also lodged with the Police Station, Aburoad ,Distt. Sirohi. It was further stated in the complaint that a claim was preferred by the complainant before the office of the appellants Insurance Co. but the claim was repudiated by the appellants through letter dated 20.4.04 in the following manner-
" As per investigation report, claim looked manipulated as insured and driver statement were not tallied with facts of ground.Hence claim was 3 treated as No claim."
Thereafter the present complaint was filed by the complainant.
A reply was filed by the appellants before the District Forum, Sirohi and in the reply they have taken the same pleas which were taken by them in the repudiation letter dated 20.4.04. It was further stated in the reply that the accident had not taken place in the manner as stated by the complainant and the claim was filed by the complainant with intention to get compensation with ulterior motive.
After hearing the parties, the District Forum, Sirohi through impugned order dated 1.10.08 had allowed the complaint of the complainant after placing reliance on the report dated 13.8.03 of Mr. Rajnikant Panchal, Surveyor and Loss Assessor who had admitted the fact that 50% diesel might be leaked due to accident and further Mr.Satendra Singh Yadav, the another surveyor in his report dated 8.3.04 had admitted the fact that 45% oil was lost, therefore, taken into consideration all these aspects and further since the water which was flowing on the road was having some traces of the oil and therefore, the District Forum had come to the conclusion that after accident the diesel had flown from the tanker and further since from Udaipur 12000 lt. diesel was filled in up in the tanker and only 780 lt. was found in the tanker, therefore, the complainant is entitled to get the price of 11220 lt. diesel that come to Rs.2,31,319/-.
4Aggrieved from the said order dated 1.10.08 passed by the District Forum, Sirohi, this appeal has been filed by the appellants Insurance Company.
3. In this appeal the main contention of the learned counsel for the appellants is that the findings recorded by the District Forum by which complaint was allowed are erroneous one and the claim of the complainant was rightly repudiated by the appellants through letter dated 20.4.04 and the District Forum had committed serious error and illegality in decreeing the claim of the complainant respondent. Hence the impugned order could not be sustained and liable to be quashed and set aside and this appeal deserves to be allowed.
4. On the other hand the learned counsel appearing for the respondent has supported the impugned order passed by the District Forum, Sirohi.
5. We have heard the learned counsel for the appellants as well as for the respondent and have gone through the entire materials available on record.
6. There is no dispute on the point that the vehicle of the complainant respondent bearing registration no. RJ 24 G 0401 was got insured with the appellants for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India.
7. There is no dispute on the point that on 23.7.03 , 12000 high speed diesel was filled in up in the said vehicle and that 5 diesel was taken from HPCL, Udaipur and was to be delivered at Revdar .
8. There is no dispute on the point that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river the said truck had fallen.
9. There is no dipute on the point that Surveyor & Loss Assessor Mr. Rajnikant Panchal, who had conducted the preliminary survey of the incident , in his report dated 13.8.03 had come to the following conclusion-
" In evening around 11.30 p.m. got shifting of remained diesel of tanker no. RJ 24 G 0401 in tanker no. RJ 24 G 0588. I have got weighment of tanker no. RJ 24 G 0588 in empty condition ( unleden 9430 kt.) and after shifting of remained diesel ( leden weight -10210 kg.) net remained diesel weight 780 kg. only."
10. When this being the position to say that no accident had taken place and no loss had occured to the complainant respondent could not be found established.
11. Not only this from the photographs which have been filed by the complainant alongwith the complaint, the fact that the said tanker had fallen in the river is well established though it was in the tilting position and a bare perusal of the photographs clearly reveals that by the accident loss of the diesel must have occured.
12. It may be stated here that from the survey report of Mr.Satendra Singh Yadav dated 8.3.04, the fact that the accident 6 had taken place is also well established and thus, taken into consideration the report of Mr.Rajnikant Panchal, the District Forum had rightly passed the impugned order in the manner that after deducting the price of 780 lt. diesel , the price of the remaining diesel was ordered to be paid to the complainant respondent by the appellants.
13. For the reasons stated above, the appellants were not justified in repudiating the claim of the complainant respondent and the appellants have repudiated the claim of the complainant respondent without any basis and on wrong assumption and in an arbitrary manner and in view of this, the findings of the District Forum decreeing the claim of the complainant respondent are liable to be confirmed as they are based on correct appreciation of entire materials and evidence available on record and they do not suffer from any basic infirmity, illegality or perversity and this appeal deserves to be dismissed on merits.
On point of interest
14. In this case the District Forum had awarded interest @ 10% p.a. on the decreetal amount and if the amount was not paid within two months the rate of interest would be 12% p.a.
15. In our considered opinion, the rate of interest awarded by the District Forum appears to be on higher side and looking to the entire facts and circumstances of the case, we deem it proper to award interest at the rate of 9% p.a. instead of 12% p.a. and to that extent, the impugned order of the District Forum is liable to be modified.
7Accordingly, this appeal filed by the appellants on merits is dismissed. However, the complainant respondent would get interest on the decreetal amount at the rate of 9% p.a. instead of 12% p.a. and to the above extent on point of rate of interest , the impugned order of the District Forum,Sirohi dated 1.10.08 stands modified accordingly.
Member President APPEAL NO: 2057/2008 United India Insurance Co. Ltd.
Sahara Chambers, Tonk Road, Jaipur through its Regional Manager.
Opposite party-appellant Vs. M/s.
Veshno Devi Petroleum Service, Maval through its proprietor Heeralal r/o 3, Maval, Aburoad, Distt. Sirohi.
Complainant-respondent Date of judgment 23.7.09 Before: Mr.Justice Sunil Kumar Garg-President Mrs.Vimla Sethia-Member Mr.Abhishek Bhandari counsel for the appellant Mr.Prashant Mantri counsel for the respondent This
appeal has been filed by the appellant Insurance Co. against order dated 1.10.08 passed by the District Forum,Sirohi in complaint no. 70/2004 by which the complaint of the complainant respondent was allowed in the manner that the appellants were directed to pay a sum of Rs. 2,31,319/- as amount for the loss of the diesel due to accident after deducting 780 lt. of diesel alongwith interest @ 10% p.a. w.e.f. 23.8.04 and if the amount was not paid within two months the rate of interest would be charged @ 12% p.a. 2
2. It arises in the following circumstances-
That the complainant respondent had filed a complaint against the appellants before the District Forum, Sirohi on 20.8.04 inter alia stating that his vehicle bearing registration no. RJ 24 G 0401 was got insured with the appellants Insurance Co. for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India and the cover note is marked Anx. 1. It was further stated in the complaint that on 23.7.03 12000 high speed diesel was filled in up in the said vehicle and that diesel was taken from HPCL, Udaipur and was to be delivered at Revdar and the price of the diesel was Rs.2,47,400/- as is evident from the invoice Anx. 2. It was further stated in the complaint that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river and since there was water on the bridge, the said truck had fallen as a result of which 11220 lt. diesel was lost and only 780 lt. diesel had remained in the vehicle and a Rapat bearing no. 1060 dated 23.7.03 was also lodged with the Police Station, Aburoad ,Distt. Sirohi. It was further stated in the complaint that a claim was preferred by the complainant before the office of the appellants Insurance Co. but the claim was repudiated by the appellants through letter dated 20.4.04 in the following manner-
" As per investigation report, claim looked manipulated as insured and driver statement were not tallied with facts of ground.Hence claim was 3 treated as No claim."
Thereafter the present complaint was filed by the complainant.
A reply was filed by the appellants before the District Forum, Sirohi and in the reply they have taken the same pleas which were taken by them in the repudiation letter dated 20.4.04. It was further stated in the reply that the accident had not taken place in the manner as stated by the complainant and the claim was filed by the complainant with intention to get compensation with ulterior motive.
After hearing the parties, the District Forum, Sirohi through impugned order dated 1.10.08 had allowed the complaint of the complainant after placing reliance on the report dated 13.8.03 of Mr. Rajnikant Panchal, Surveyor and Loss Assessor who had admitted the fact that 50% diesel might be leaked due to accident and further Mr.Satendra Singh Yadav, the another surveyor in his report dated 8.3.04 had admitted the fact that 45% oil was lost, therefore, taken into consideration all these aspects and further since the water which was flowing on the road was having some traces of the oil and therefore, the District Forum had come to the conclusion that after accident the diesel had flown from the tanker and further since from Udaipur 12000 lt. diesel was filled in up in the tanker and only 780 lt. was found in the tanker, therefore, the complainant is entitled to get the price of 11220 lt. diesel that come to Rs.2,31,319/-.
4Aggrieved from the said order dated 1.10.08 passed by the District Forum, Sirohi, this appeal has been filed by the appellants Insurance Company.
3. In this appeal the main contention of the learned counsel for the appellants is that the findings recorded by the District Forum by which complaint was allowed are erroneous one and the claim of the complainant was rightly repudiated by the appellants through letter dated 20.4.04 and the District Forum had committed serious error and illegality in decreeing the claim of the complainant respondent. Hence the impugned order could not be sustained and liable to be quashed and set aside and this appeal deserves to be allowed.
4. On the other hand the learned counsel appearing for the respondent has supported the impugned order passed by the District Forum, Sirohi.
5. We have heard the learned counsel for the appellants as well as for the respondent and have gone through the entire materials available on record.
6. There is no dispute on the point that the vehicle of the complainant respondent bearing registration no. RJ 24 G 0401 was got insured with the appellants for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India.
7. There is no dispute on the point that on 23.7.03 , 12000 high speed diesel was filled in up in the said vehicle and that 5 diesel was taken from HPCL, Udaipur and was to be delivered at Revdar .
8. There is no dispute on the point that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river the said truck had fallen.
9. There is no dipute on the point that Surveyor & Loss Assessor Mr. Rajnikant Panchal, who had conducted the preliminary survey of the incident , in his report dated 13.8.03 had come to the following conclusion-
" In evening around 11.30 p.m. got shifting of remained diesel of tanker no. RJ 24 G 0401 in tanker no. RJ 24 G 0588. I have got weighment of tanker no. RJ 24 G 0588 in empty condition ( unleden 9430 kt.) and after shifting of remained diesel ( leden weight -10210 kg.) net remained diesel weight 780 kg. only."
10. When this being the position to say that no accident had taken place and no loss had occured to the complainant respondent could not be found established.
11. Not only this from the photographs which have been filed by the complainant alongwith the complaint, the fact that the said tanker had fallen in the river is well established though it was in the tilting position and a bare perusal of the photographs clearly reveals that by the accident loss of the diesel must have occured.
12. It may be stated here that from the survey report of Mr.Satendra Singh Yadav dated 8.3.04, the fact that the accident 6 had taken place is also well established and thus, taken into consideration the report of Mr.Rajnikant Panchal, the District Forum had rightly passed the impugned order in the manner that after deducting the price of 780 lt. diesel , the price of the remaining diesel was ordered to be paid to the complainant respondent by the appellants.
13. For the reasons stated above, the appellants were not justified in repudiating the claim of the complainant respondent and the appellants have repudiated the claim of the complainant respondent without any basis and on wrong assumption and in an arbitrary manner and in view of this, the findings of the District Forum decreeing the claim of the complainant respondent are liable to be confirmed as they are based on correct appreciation of entire materials and evidence available on record and they do not suffer from any basic infirmity, illegality or perversity and this appeal deserves to be dismissed on merits.
On point of interest
14. In this case the District Forum had awarded interest @ 10% p.a. on the decreetal amount and if the amount was not paid within two months the rate of interest would be 12% p.a.
15. In our considered opinion, the rate of interest awarded by the District Forum appears to be on higher side and looking to the entire facts and circumstances of the case, we deem it proper to award interest at the rate of 9% p.a. instead of 12% p.a. and to that extent, the impugned order of the District Forum is liable to be modified.
7Accordingly, this appeal filed by the appellants on merits is dismissed. However, the complainant respondent would get interest on the decreetal amount at the rate of 9% p.a. instead of 12% p.a. and to the above extent on point of rate of interest , the impugned order of the District Forum,Sirohi dated 1.10.08 stands modified accordingly.
Member President APPEAL NO: 2057/2008 United India Insurance Co. Ltd.
Sahara Chambers, Tonk Road, Jaipur through its Regional Manager.
Opposite party-appellant Vs. M/s.
Veshno Devi Petroleum Service, Maval through its proprietor Heeralal r/o 3, Maval, Aburoad, Distt. Sirohi.
Complainant-respondent Date of judgment 23.7.09 Before: Mr.Justice Sunil Kumar Garg-President Mrs.Vimla Sethia-Member Mr.Abhishek Bhandari counsel for the appellant Mr.Prashant Mantri counsel for the respondent This
appeal has been filed by the appellant Insurance Co. against order dated 1.10.08 passed by the District Forum,Sirohi in complaint no. 70/2004 by which the complaint of the complainant respondent was allowed in the manner that the appellants were directed to pay a sum of Rs. 2,31,319/- as amount for the loss of the diesel due to accident after deducting 780 lt. of diesel alongwith interest @ 10% p.a. w.e.f. 23.8.04 and if the amount was not paid within two months the rate of interest would be charged @ 12% p.a. 2
2. It arises in the following circumstances-
That the complainant respondent had filed a complaint against the appellants before the District Forum, Sirohi on 20.8.04 inter alia stating that his vehicle bearing registration no. RJ 24 G 0401 was got insured with the appellants Insurance Co. for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India and the cover note is marked Anx. 1. It was further stated in the complaint that on 23.7.03 12000 high speed diesel was filled in up in the said vehicle and that diesel was taken from HPCL, Udaipur and was to be delivered at Revdar and the price of the diesel was Rs.2,47,400/- as is evident from the invoice Anx. 2. It was further stated in the complaint that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river and since there was water on the bridge, the said truck had fallen as a result of which 11220 lt. diesel was lost and only 780 lt. diesel had remained in the vehicle and a Rapat bearing no. 1060 dated 23.7.03 was also lodged with the Police Station, Aburoad ,Distt. Sirohi. It was further stated in the complaint that a claim was preferred by the complainant before the office of the appellants Insurance Co. but the claim was repudiated by the appellants through letter dated 20.4.04 in the following manner-
" As per investigation report, claim looked manipulated as insured and driver statement were not tallied with facts of ground.Hence claim was 3 treated as No claim."
Thereafter the present complaint was filed by the complainant.
A reply was filed by the appellants before the District Forum, Sirohi and in the reply they have taken the same pleas which were taken by them in the repudiation letter dated 20.4.04. It was further stated in the reply that the accident had not taken place in the manner as stated by the complainant and the claim was filed by the complainant with intention to get compensation with ulterior motive.
After hearing the parties, the District Forum, Sirohi through impugned order dated 1.10.08 had allowed the complaint of the complainant after placing reliance on the report dated 13.8.03 of Mr. Rajnikant Panchal, Surveyor and Loss Assessor who had admitted the fact that 50% diesel might be leaked due to accident and further Mr.Satendra Singh Yadav, the another surveyor in his report dated 8.3.04 had admitted the fact that 45% oil was lost, therefore, taken into consideration all these aspects and further since the water which was flowing on the road was having some traces of the oil and therefore, the District Forum had come to the conclusion that after accident the diesel had flown from the tanker and further since from Udaipur 12000 lt. diesel was filled in up in the tanker and only 780 lt. was found in the tanker, therefore, the complainant is entitled to get the price of 11220 lt. diesel that come to Rs.2,31,319/-.
4Aggrieved from the said order dated 1.10.08 passed by the District Forum, Sirohi, this appeal has been filed by the appellants Insurance Company.
3. In this appeal the main contention of the learned counsel for the appellants is that the findings recorded by the District Forum by which complaint was allowed are erroneous one and the claim of the complainant was rightly repudiated by the appellants through letter dated 20.4.04 and the District Forum had committed serious error and illegality in decreeing the claim of the complainant respondent. Hence the impugned order could not be sustained and liable to be quashed and set aside and this appeal deserves to be allowed.
4. On the other hand the learned counsel appearing for the respondent has supported the impugned order passed by the District Forum, Sirohi.
5. We have heard the learned counsel for the appellants as well as for the respondent and have gone through the entire materials available on record.
6. There is no dispute on the point that the vehicle of the complainant respondent bearing registration no. RJ 24 G 0401 was got insured with the appellants for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India.
7. There is no dispute on the point that on 23.7.03 , 12000 high speed diesel was filled in up in the said vehicle and that 5 diesel was taken from HPCL, Udaipur and was to be delivered at Revdar .
8. There is no dispute on the point that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river the said truck had fallen.
9. There is no dipute on the point that Surveyor & Loss Assessor Mr. Rajnikant Panchal, who had conducted the preliminary survey of the incident , in his report dated 13.8.03 had come to the following conclusion-
" In evening around 11.30 p.m. got shifting of remained diesel of tanker no. RJ 24 G 0401 in tanker no. RJ 24 G 0588. I have got weighment of tanker no. RJ 24 G 0588 in empty condition ( unleden 9430 kt.) and after shifting of remained diesel ( leden weight -10210 kg.) net remained diesel weight 780 kg. only."
10. When this being the position to say that no accident had taken place and no loss had occured to the complainant respondent could not be found established.
11. Not only this from the photographs which have been filed by the complainant alongwith the complaint, the fact that the said tanker had fallen in the river is well established though it was in the tilting position and a bare perusal of the photographs clearly reveals that by the accident loss of the diesel must have occured.
12. It may be stated here that from the survey report of Mr.Satendra Singh Yadav dated 8.3.04, the fact that the accident 6 had taken place is also well established and thus, taken into consideration the report of Mr.Rajnikant Panchal, the District Forum had rightly passed the impugned order in the manner that after deducting the price of 780 lt. diesel , the price of the remaining diesel was ordered to be paid to the complainant respondent by the appellants.
13. For the reasons stated above, the appellants were not justified in repudiating the claim of the complainant respondent and the appellants have repudiated the claim of the complainant respondent without any basis and on wrong assumption and in an arbitrary manner and in view of this, the findings of the District Forum decreeing the claim of the complainant respondent are liable to be confirmed as they are based on correct appreciation of entire materials and evidence available on record and they do not suffer from any basic infirmity, illegality or perversity and this appeal deserves to be dismissed on merits.
On point of interest
14. In this case the District Forum had awarded interest @ 10% p.a. on the decreetal amount and if the amount was not paid within two months the rate of interest would be 12% p.a.
15. In our considered opinion, the rate of interest awarded by the District Forum appears to be on higher side and looking to the entire facts and circumstances of the case, we deem it proper to award interest at the rate of 9% p.a. instead of 12% p.a. and to that extent, the impugned order of the District Forum is liable to be modified.
7Accordingly, this appeal filed by the appellants on merits is dismissed. However, the complainant respondent would get interest on the decreetal amount at the rate of 9% p.a. instead of 12% p.a. and to the above extent on point of rate of interest , the impugned order of the District Forum,Sirohi dated 1.10.08 stands modified accordingly.
Member President APPEAL NO: 2057/2008 United India Insurance Co. Ltd.
Sahara Chambers, Tonk Road, Jaipur through its Regional Manager.
Opposite party-appellant Vs. M/s.
Veshno Devi Petroleum Service, Maval through its proprietor Heeralal r/o 3, Maval, Aburoad, Distt. Sirohi.
Complainant-respondent Date of judgment 23.7.09 Before: Mr.Justice Sunil Kumar Garg-President Mrs.Vimla Sethia-Member Mr.Abhishek Bhandari counsel for the appellant Mr.Prashant Mantri counsel for the respondent This
appeal has been filed by the appellant Insurance Co. against order dated 1.10.08 passed by the District Forum,Sirohi in complaint no. 70/2004 by which the complaint of the complainant respondent was allowed in the manner that the appellants were directed to pay a sum of Rs. 2,31,319/- as amount for the loss of the diesel due to accident after deducting 780 lt. of diesel alongwith interest @ 10% p.a. w.e.f. 23.8.04 and if the amount was not paid within two months the rate of interest would be charged @ 12% p.a. 2
2. It arises in the following circumstances-
That the complainant respondent had filed a complaint against the appellants before the District Forum, Sirohi on 20.8.04 inter alia stating that his vehicle bearing registration no. RJ 24 G 0401 was got insured with the appellants Insurance Co. for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India and the cover note is marked Anx. 1. It was further stated in the complaint that on 23.7.03 12000 high speed diesel was filled in up in the said vehicle and that diesel was taken from HPCL, Udaipur and was to be delivered at Revdar and the price of the diesel was Rs.2,47,400/- as is evident from the invoice Anx. 2. It was further stated in the complaint that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river and since there was water on the bridge, the said truck had fallen as a result of which 11220 lt. diesel was lost and only 780 lt. diesel had remained in the vehicle and a Rapat bearing no. 1060 dated 23.7.03 was also lodged with the Police Station, Aburoad ,Distt. Sirohi. It was further stated in the complaint that a claim was preferred by the complainant before the office of the appellants Insurance Co. but the claim was repudiated by the appellants through letter dated 20.4.04 in the following manner-
" As per investigation report, claim looked manipulated as insured and driver statement were not tallied with facts of ground.Hence claim was 3 treated as No claim."
Thereafter the present complaint was filed by the complainant.
A reply was filed by the appellants before the District Forum, Sirohi and in the reply they have taken the same pleas which were taken by them in the repudiation letter dated 20.4.04. It was further stated in the reply that the accident had not taken place in the manner as stated by the complainant and the claim was filed by the complainant with intention to get compensation with ulterior motive.
After hearing the parties, the District Forum, Sirohi through impugned order dated 1.10.08 had allowed the complaint of the complainant after placing reliance on the report dated 13.8.03 of Mr. Rajnikant Panchal, Surveyor and Loss Assessor who had admitted the fact that 50% diesel might be leaked due to accident and further Mr.Satendra Singh Yadav, the another surveyor in his report dated 8.3.04 had admitted the fact that 45% oil was lost, therefore, taken into consideration all these aspects and further since the water which was flowing on the road was having some traces of the oil and therefore, the District Forum had come to the conclusion that after accident the diesel had flown from the tanker and further since from Udaipur 12000 lt. diesel was filled in up in the tanker and only 780 lt. was found in the tanker, therefore, the complainant is entitled to get the price of 11220 lt. diesel that come to Rs.2,31,319/-.
4Aggrieved from the said order dated 1.10.08 passed by the District Forum, Sirohi, this appeal has been filed by the appellants Insurance Company.
3. In this appeal the main contention of the learned counsel for the appellants is that the findings recorded by the District Forum by which complaint was allowed are erroneous one and the claim of the complainant was rightly repudiated by the appellants through letter dated 20.4.04 and the District Forum had committed serious error and illegality in decreeing the claim of the complainant respondent. Hence the impugned order could not be sustained and liable to be quashed and set aside and this appeal deserves to be allowed.
4. On the other hand the learned counsel appearing for the respondent has supported the impugned order passed by the District Forum, Sirohi.
5. We have heard the learned counsel for the appellants as well as for the respondent and have gone through the entire materials available on record.
6. There is no dispute on the point that the vehicle of the complainant respondent bearing registration no. RJ 24 G 0401 was got insured with the appellants for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India.
7. There is no dispute on the point that on 23.7.03 , 12000 high speed diesel was filled in up in the said vehicle and that 5 diesel was taken from HPCL, Udaipur and was to be delivered at Revdar .
8. There is no dispute on the point that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river the said truck had fallen.
9. There is no dipute on the point that Surveyor & Loss Assessor Mr. Rajnikant Panchal, who had conducted the preliminary survey of the incident , in his report dated 13.8.03 had come to the following conclusion-
" In evening around 11.30 p.m. got shifting of remained diesel of tanker no. RJ 24 G 0401 in tanker no. RJ 24 G 0588. I have got weighment of tanker no. RJ 24 G 0588 in empty condition ( unleden 9430 kt.) and after shifting of remained diesel ( leden weight -10210 kg.) net remained diesel weight 780 kg. only."
10. When this being the position to say that no accident had taken place and no loss had occured to the complainant respondent could not be found established.
11. Not only this from the photographs which have been filed by the complainant alongwith the complaint, the fact that the said tanker had fallen in the river is well established though it was in the tilting position and a bare perusal of the photographs clearly reveals that by the accident loss of the diesel must have occured.
12. It may be stated here that from the survey report of Mr.Satendra Singh Yadav dated 8.3.04, the fact that the accident 6 had taken place is also well established and thus, taken into consideration the report of Mr.Rajnikant Panchal, the District Forum had rightly passed the impugned order in the manner that after deducting the price of 780 lt. diesel , the price of the remaining diesel was ordered to be paid to the complainant respondent by the appellants.
13. For the reasons stated above, the appellants were not justified in repudiating the claim of the complainant respondent and the appellants have repudiated the claim of the complainant respondent without any basis and on wrong assumption and in an arbitrary manner and in view of this, the findings of the District Forum decreeing the claim of the complainant respondent are liable to be confirmed as they are based on correct appreciation of entire materials and evidence available on record and they do not suffer from any basic infirmity, illegality or perversity and this appeal deserves to be dismissed on merits.
On point of interest
14. In this case the District Forum had awarded interest @ 10% p.a. on the decreetal amount and if the amount was not paid within two months the rate of interest would be 12% p.a.
15. In our considered opinion, the rate of interest awarded by the District Forum appears to be on higher side and looking to the entire facts and circumstances of the case, we deem it proper to award interest at the rate of 9% p.a. instead of 12% p.a. and to that extent, the impugned order of the District Forum is liable to be modified.
7Accordingly, this appeal filed by the appellants on merits is dismissed. However, the complainant respondent would get interest on the decreetal amount at the rate of 9% p.a. instead of 12% p.a. and to the above extent on point of rate of interest , the impugned order of the District Forum,Sirohi dated 1.10.08 stands modified accordingly.
Member President APPEAL NO: 2057/2008 United India Insurance Co. Ltd.
Sahara Chambers, Tonk Road, Jaipur through its Regional Manager.
Opposite party-appellant Vs. M/s.
Veshno Devi Petroleum Service, Maval through its proprietor Heeralal r/o 3, Maval, Aburoad, Distt. Sirohi.
Complainant-respondent Date of judgment 23.7.09 Before: Mr.Justice Sunil Kumar Garg-President Mrs.Vimla Sethia-Member Mr.Abhishek Bhandari counsel for the appellant Mr.Prashant Mantri counsel for the respondent This
appeal has been filed by the appellant Insurance Co. against order dated 1.10.08 passed by the District Forum,Sirohi in complaint no. 70/2004 by which the complaint of the complainant respondent was allowed in the manner that the appellants were directed to pay a sum of Rs. 2,31,319/- as amount for the loss of the diesel due to accident after deducting 780 lt. of diesel alongwith interest @ 10% p.a. w.e.f. 23.8.04 and if the amount was not paid within two months the rate of interest would be charged @ 12% p.a. 2
2. It arises in the following circumstances-
That the complainant respondent had filed a complaint against the appellants before the District Forum, Sirohi on 20.8.04 inter alia stating that his vehicle bearing registration no. RJ 24 G 0401 was got insured with the appellants Insurance Co. for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India and the cover note is marked Anx. 1. It was further stated in the complaint that on 23.7.03 12000 high speed diesel was filled in up in the said vehicle and that diesel was taken from HPCL, Udaipur and was to be delivered at Revdar and the price of the diesel was Rs.2,47,400/- as is evident from the invoice Anx. 2. It was further stated in the complaint that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river and since there was water on the bridge, the said truck had fallen as a result of which 11220 lt. diesel was lost and only 780 lt. diesel had remained in the vehicle and a Rapat bearing no. 1060 dated 23.7.03 was also lodged with the Police Station, Aburoad ,Distt. Sirohi. It was further stated in the complaint that a claim was preferred by the complainant before the office of the appellants Insurance Co. but the claim was repudiated by the appellants through letter dated 20.4.04 in the following manner-
" As per investigation report, claim looked manipulated as insured and driver statement were not tallied with facts of ground.Hence claim was 3 treated as No claim."
Thereafter the present complaint was filed by the complainant.
A reply was filed by the appellants before the District Forum, Sirohi and in the reply they have taken the same pleas which were taken by them in the repudiation letter dated 20.4.04. It was further stated in the reply that the accident had not taken place in the manner as stated by the complainant and the claim was filed by the complainant with intention to get compensation with ulterior motive.
After hearing the parties, the District Forum, Sirohi through impugned order dated 1.10.08 had allowed the complaint of the complainant after placing reliance on the report dated 13.8.03 of Mr. Rajnikant Panchal, Surveyor and Loss Assessor who had admitted the fact that 50% diesel might be leaked due to accident and further Mr.Satendra Singh Yadav, the another surveyor in his report dated 8.3.04 had admitted the fact that 45% oil was lost, therefore, taken into consideration all these aspects and further since the water which was flowing on the road was having some traces of the oil and therefore, the District Forum had come to the conclusion that after accident the diesel had flown from the tanker and further since from Udaipur 12000 lt. diesel was filled in up in the tanker and only 780 lt. was found in the tanker, therefore, the complainant is entitled to get the price of 11220 lt. diesel that come to Rs.2,31,319/-.
4Aggrieved from the said order dated 1.10.08 passed by the District Forum, Sirohi, this appeal has been filed by the appellants Insurance Company.
3. In this appeal the main contention of the learned counsel for the appellants is that the findings recorded by the District Forum by which complaint was allowed are erroneous one and the claim of the complainant was rightly repudiated by the appellants through letter dated 20.4.04 and the District Forum had committed serious error and illegality in decreeing the claim of the complainant respondent. Hence the impugned order could not be sustained and liable to be quashed and set aside and this appeal deserves to be allowed.
4. On the other hand the learned counsel appearing for the respondent has supported the impugned order passed by the District Forum, Sirohi.
5. We have heard the learned counsel for the appellants as well as for the respondent and have gone through the entire materials available on record.
6. There is no dispute on the point that the vehicle of the complainant respondent bearing registration no. RJ 24 G 0401 was got insured with the appellants for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India.
7. There is no dispute on the point that on 23.7.03 , 12000 high speed diesel was filled in up in the said vehicle and that 5 diesel was taken from HPCL, Udaipur and was to be delivered at Revdar .
8. There is no dispute on the point that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river the said truck had fallen.
9. There is no dipute on the point that Surveyor & Loss Assessor Mr. Rajnikant Panchal, who had conducted the preliminary survey of the incident , in his report dated 13.8.03 had come to the following conclusion-
" In evening around 11.30 p.m. got shifting of remained diesel of tanker no. RJ 24 G 0401 in tanker no. RJ 24 G 0588. I have got weighment of tanker no. RJ 24 G 0588 in empty condition ( unleden 9430 kt.) and after shifting of remained diesel ( leden weight -10210 kg.) net remained diesel weight 780 kg. only."
10. When this being the position to say that no accident had taken place and no loss had occured to the complainant respondent could not be found established.
11. Not only this from the photographs which have been filed by the complainant alongwith the complaint, the fact that the said tanker had fallen in the river is well established though it was in the tilting position and a bare perusal of the photographs clearly reveals that by the accident loss of the diesel must have occured.
12. It may be stated here that from the survey report of Mr.Satendra Singh Yadav dated 8.3.04, the fact that the accident 6 had taken place is also well established and thus, taken into consideration the report of Mr.Rajnikant Panchal, the District Forum had rightly passed the impugned order in the manner that after deducting the price of 780 lt. diesel , the price of the remaining diesel was ordered to be paid to the complainant respondent by the appellants.
13. For the reasons stated above, the appellants were not justified in repudiating the claim of the complainant respondent and the appellants have repudiated the claim of the complainant respondent without any basis and on wrong assumption and in an arbitrary manner and in view of this, the findings of the District Forum decreeing the claim of the complainant respondent are liable to be confirmed as they are based on correct appreciation of entire materials and evidence available on record and they do not suffer from any basic infirmity, illegality or perversity and this appeal deserves to be dismissed on merits.
On point of interest
14. In this case the District Forum had awarded interest @ 10% p.a. on the decreetal amount and if the amount was not paid within two months the rate of interest would be 12% p.a.
15. In our considered opinion, the rate of interest awarded by the District Forum appears to be on higher side and looking to the entire facts and circumstances of the case, we deem it proper to award interest at the rate of 9% p.a. instead of 12% p.a. and to that extent, the impugned order of the District Forum is liable to be modified.
7Accordingly, this appeal filed by the appellants on merits is dismissed. However, the complainant respondent would get interest on the decreetal amount at the rate of 9% p.a. instead of 12% p.a. and to the above extent on point of rate of interest , the impugned order of the District Forum,Sirohi dated 1.10.08 stands modified accordingly.
Member President APPEAL NO: 2057/2008 United India Insurance Co. Ltd.
Sahara Chambers, Tonk Road, Jaipur through its Regional Manager.
Opposite party-appellant Vs. M/s.
Veshno Devi Petroleum Service, Maval through its proprietor Heeralal r/o 3, Maval, Aburoad, Distt. Sirohi.
Complainant-respondent Date of judgment 23.7.09 Before: Mr.Justice Sunil Kumar Garg-President Mrs.Vimla Sethia-Member Mr.Abhishek Bhandari counsel for the appellant Mr.Prashant Mantri counsel for the respondent This
appeal has been filed by the appellant Insurance Co. against order dated 1.10.08 passed by the District Forum,Sirohi in complaint no. 70/2004 by which the complaint of the complainant respondent was allowed in the manner that the appellants were directed to pay a sum of Rs. 2,31,319/- as amount for the loss of the diesel due to accident after deducting 780 lt. of diesel alongwith interest @ 10% p.a. w.e.f. 23.8.04 and if the amount was not paid within two months the rate of interest would be charged @ 12% p.a. 2
2. It arises in the following circumstances-
That the complainant respondent had filed a complaint against the appellants before the District Forum, Sirohi on 20.8.04 inter alia stating that his vehicle bearing registration no. RJ 24 G 0401 was got insured with the appellants Insurance Co. for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India and the cover note is marked Anx. 1. It was further stated in the complaint that on 23.7.03 12000 high speed diesel was filled in up in the said vehicle and that diesel was taken from HPCL, Udaipur and was to be delivered at Revdar and the price of the diesel was Rs.2,47,400/- as is evident from the invoice Anx. 2. It was further stated in the complaint that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river and since there was water on the bridge, the said truck had fallen as a result of which 11220 lt. diesel was lost and only 780 lt. diesel had remained in the vehicle and a Rapat bearing no. 1060 dated 23.7.03 was also lodged with the Police Station, Aburoad ,Distt. Sirohi. It was further stated in the complaint that a claim was preferred by the complainant before the office of the appellants Insurance Co. but the claim was repudiated by the appellants through letter dated 20.4.04 in the following manner-
" As per investigation report, claim looked manipulated as insured and driver statement were not tallied with facts of ground.Hence claim was 3 treated as No claim."
Thereafter the present complaint was filed by the complainant.
A reply was filed by the appellants before the District Forum, Sirohi and in the reply they have taken the same pleas which were taken by them in the repudiation letter dated 20.4.04. It was further stated in the reply that the accident had not taken place in the manner as stated by the complainant and the claim was filed by the complainant with intention to get compensation with ulterior motive.
After hearing the parties, the District Forum, Sirohi through impugned order dated 1.10.08 had allowed the complaint of the complainant after placing reliance on the report dated 13.8.03 of Mr. Rajnikant Panchal, Surveyor and Loss Assessor who had admitted the fact that 50% diesel might be leaked due to accident and further Mr.Satendra Singh Yadav, the another surveyor in his report dated 8.3.04 had admitted the fact that 45% oil was lost, therefore, taken into consideration all these aspects and further since the water which was flowing on the road was having some traces of the oil and therefore, the District Forum had come to the conclusion that after accident the diesel had flown from the tanker and further since from Udaipur 12000 lt. diesel was filled in up in the tanker and only 780 lt. was found in the tanker, therefore, the complainant is entitled to get the price of 11220 lt. diesel that come to Rs.2,31,319/-.
4Aggrieved from the said order dated 1.10.08 passed by the District Forum, Sirohi, this appeal has been filed by the appellants Insurance Company.
3. In this appeal the main contention of the learned counsel for the appellants is that the findings recorded by the District Forum by which complaint was allowed are erroneous one and the claim of the complainant was rightly repudiated by the appellants through letter dated 20.4.04 and the District Forum had committed serious error and illegality in decreeing the claim of the complainant respondent. Hence the impugned order could not be sustained and liable to be quashed and set aside and this appeal deserves to be allowed.
4. On the other hand the learned counsel appearing for the respondent has supported the impugned order passed by the District Forum, Sirohi.
5. We have heard the learned counsel for the appellants as well as for the respondent and have gone through the entire materials available on record.
6. There is no dispute on the point that the vehicle of the complainant respondent bearing registration no. RJ 24 G 0401 was got insured with the appellants for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India.
7. There is no dispute on the point that on 23.7.03 , 12000 high speed diesel was filled in up in the said vehicle and that 5 diesel was taken from HPCL, Udaipur and was to be delivered at Revdar .
8. There is no dispute on the point that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river the said truck had fallen.
9. There is no dipute on the point that Surveyor & Loss Assessor Mr. Rajnikant Panchal, who had conducted the preliminary survey of the incident , in his report dated 13.8.03 had come to the following conclusion-
" In evening around 11.30 p.m. got shifting of remained diesel of tanker no. RJ 24 G 0401 in tanker no. RJ 24 G 0588. I have got weighment of tanker no. RJ 24 G 0588 in empty condition ( unleden 9430 kt.) and after shifting of remained diesel ( leden weight -10210 kg.) net remained diesel weight 780 kg. only."
10. When this being the position to say that no accident had taken place and no loss had occured to the complainant respondent could not be found established.
11. Not only this from the photographs which have been filed by the complainant alongwith the complaint, the fact that the said tanker had fallen in the river is well established though it was in the tilting position and a bare perusal of the photographs clearly reveals that by the accident loss of the diesel must have occured.
12. It may be stated here that from the survey report of Mr.Satendra Singh Yadav dated 8.3.04, the fact that the accident 6 had taken place is also well established and thus, taken into consideration the report of Mr.Rajnikant Panchal, the District Forum had rightly passed the impugned order in the manner that after deducting the price of 780 lt. diesel , the price of the remaining diesel was ordered to be paid to the complainant respondent by the appellants.
13. For the reasons stated above, the appellants were not justified in repudiating the claim of the complainant respondent and the appellants have repudiated the claim of the complainant respondent without any basis and on wrong assumption and in an arbitrary manner and in view of this, the findings of the District Forum decreeing the claim of the complainant respondent are liable to be confirmed as they are based on correct appreciation of entire materials and evidence available on record and they do not suffer from any basic infirmity, illegality or perversity and this appeal deserves to be dismissed on merits.
On point of interest
14. In this case the District Forum had awarded interest @ 10% p.a. on the decreetal amount and if the amount was not paid within two months the rate of interest would be 12% p.a.
15. In our considered opinion, the rate of interest awarded by the District Forum appears to be on higher side and looking to the entire facts and circumstances of the case, we deem it proper to award interest at the rate of 9% p.a. instead of 12% p.a. and to that extent, the impugned order of the District Forum is liable to be modified.
7Accordingly, this appeal filed by the appellants on merits is dismissed. However, the complainant respondent would get interest on the decreetal amount at the rate of 9% p.a. instead of 12% p.a. and to the above extent on point of rate of interest , the impugned order of the District Forum,Sirohi dated 1.10.08 stands modified accordingly.
Member President APPEAL NO: 2057/2008 United India Insurance Co. Ltd.
Sahara Chambers, Tonk Road, Jaipur through its Regional Manager.
Opposite party-appellant Vs. M/s.
Veshno Devi Petroleum Service, Maval through its proprietor Heeralal r/o 3, Maval, Aburoad, Distt. Sirohi.
Complainant-respondent Date of judgment 23.7.09 Before: Mr.Justice Sunil Kumar Garg-President Mrs.Vimla Sethia-Member Mr.Abhishek Bhandari counsel for the appellant Mr.Prashant Mantri counsel for the respondent This
appeal has been filed by the appellant Insurance Co. against order dated 1.10.08 passed by the District Forum,Sirohi in complaint no. 70/2004 by which the complaint of the complainant respondent was allowed in the manner that the appellants were directed to pay a sum of Rs. 2,31,319/- as amount for the loss of the diesel due to accident after deducting 780 lt. of diesel alongwith interest @ 10% p.a. w.e.f. 23.8.04 and if the amount was not paid within two months the rate of interest would be charged @ 12% p.a. 2
2. It arises in the following circumstances-
That the complainant respondent had filed a complaint against the appellants before the District Forum, Sirohi on 20.8.04 inter alia stating that his vehicle bearing registration no. RJ 24 G 0401 was got insured with the appellants Insurance Co. for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India and the cover note is marked Anx. 1. It was further stated in the complaint that on 23.7.03 12000 high speed diesel was filled in up in the said vehicle and that diesel was taken from HPCL, Udaipur and was to be delivered at Revdar and the price of the diesel was Rs.2,47,400/- as is evident from the invoice Anx. 2. It was further stated in the complaint that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river and since there was water on the bridge, the said truck had fallen as a result of which 11220 lt. diesel was lost and only 780 lt. diesel had remained in the vehicle and a Rapat bearing no. 1060 dated 23.7.03 was also lodged with the Police Station, Aburoad ,Distt. Sirohi. It was further stated in the complaint that a claim was preferred by the complainant before the office of the appellants Insurance Co. but the claim was repudiated by the appellants through letter dated 20.4.04 in the following manner-
" As per investigation report, claim looked manipulated as insured and driver statement were not tallied with facts of ground.Hence claim was 3 treated as No claim."
Thereafter the present complaint was filed by the complainant.
A reply was filed by the appellants before the District Forum, Sirohi and in the reply they have taken the same pleas which were taken by them in the repudiation letter dated 20.4.04. It was further stated in the reply that the accident had not taken place in the manner as stated by the complainant and the claim was filed by the complainant with intention to get compensation with ulterior motive.
After hearing the parties, the District Forum, Sirohi through impugned order dated 1.10.08 had allowed the complaint of the complainant after placing reliance on the report dated 13.8.03 of Mr. Rajnikant Panchal, Surveyor and Loss Assessor who had admitted the fact that 50% diesel might be leaked due to accident and further Mr.Satendra Singh Yadav, the another surveyor in his report dated 8.3.04 had admitted the fact that 45% oil was lost, therefore, taken into consideration all these aspects and further since the water which was flowing on the road was having some traces of the oil and therefore, the District Forum had come to the conclusion that after accident the diesel had flown from the tanker and further since from Udaipur 12000 lt. diesel was filled in up in the tanker and only 780 lt. was found in the tanker, therefore, the complainant is entitled to get the price of 11220 lt. diesel that come to Rs.2,31,319/-.
4Aggrieved from the said order dated 1.10.08 passed by the District Forum, Sirohi, this appeal has been filed by the appellants Insurance Company.
3. In this appeal the main contention of the learned counsel for the appellants is that the findings recorded by the District Forum by which complaint was allowed are erroneous one and the claim of the complainant was rightly repudiated by the appellants through letter dated 20.4.04 and the District Forum had committed serious error and illegality in decreeing the claim of the complainant respondent. Hence the impugned order could not be sustained and liable to be quashed and set aside and this appeal deserves to be allowed.
4. On the other hand the learned counsel appearing for the respondent has supported the impugned order passed by the District Forum, Sirohi.
5. We have heard the learned counsel for the appellants as well as for the respondent and have gone through the entire materials available on record.
6. There is no dispute on the point that the vehicle of the complainant respondent bearing registration no. RJ 24 G 0401 was got insured with the appellants for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India.
7. There is no dispute on the point that on 23.7.03 , 12000 high speed diesel was filled in up in the said vehicle and that 5 diesel was taken from HPCL, Udaipur and was to be delivered at Revdar .
8. There is no dispute on the point that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river the said truck had fallen.
9. There is no dipute on the point that Surveyor & Loss Assessor Mr. Rajnikant Panchal, who had conducted the preliminary survey of the incident , in his report dated 13.8.03 had come to the following conclusion-
" In evening around 11.30 p.m. got shifting of remained diesel of tanker no. RJ 24 G 0401 in tanker no. RJ 24 G 0588. I have got weighment of tanker no. RJ 24 G 0588 in empty condition ( unleden 9430 kt.) and after shifting of remained diesel ( leden weight -10210 kg.) net remained diesel weight 780 kg. only."
10. When this being the position to say that no accident had taken place and no loss had occured to the complainant respondent could not be found established.
11. Not only this from the photographs which have been filed by the complainant alongwith the complaint, the fact that the said tanker had fallen in the river is well established though it was in the tilting position and a bare perusal of the photographs clearly reveals that by the accident loss of the diesel must have occured.
12. It may be stated here that from the survey report of Mr.Satendra Singh Yadav dated 8.3.04, the fact that the accident 6 had taken place is also well established and thus, taken into consideration the report of Mr.Rajnikant Panchal, the District Forum had rightly passed the impugned order in the manner that after deducting the price of 780 lt. diesel , the price of the remaining diesel was ordered to be paid to the complainant respondent by the appellants.
13. For the reasons stated above, the appellants were not justified in repudiating the claim of the complainant respondent and the appellants have repudiated the claim of the complainant respondent without any basis and on wrong assumption and in an arbitrary manner and in view of this, the findings of the District Forum decreeing the claim of the complainant respondent are liable to be confirmed as they are based on correct appreciation of entire materials and evidence available on record and they do not suffer from any basic infirmity, illegality or perversity and this appeal deserves to be dismissed on merits.
On point of interest
14. In this case the District Forum had awarded interest @ 10% p.a. on the decreetal amount and if the amount was not paid within two months the rate of interest would be 12% p.a.
15. In our considered opinion, the rate of interest awarded by the District Forum appears to be on higher side and looking to the entire facts and circumstances of the case, we deem it proper to award interest at the rate of 9% p.a. instead of 12% p.a. and to that extent, the impugned order of the District Forum is liable to be modified.
7Accordingly, this appeal filed by the appellants on merits is dismissed. However, the complainant respondent would get interest on the decreetal amount at the rate of 9% p.a. instead of 12% p.a. and to the above extent on point of rate of interest , the impugned order of the District Forum,Sirohi dated 1.10.08 stands modified accordingly.
Member President APPEAL NO: 2057/2008 United India Insurance Co. Ltd.
Sahara Chambers, Tonk Road, Jaipur through its Regional Manager.
Opposite party-appellant Vs. M/s.
Veshno Devi Petroleum Service, Maval through its proprietor Heeralal r/o 3, Maval, Aburoad, Distt. Sirohi.
Complainant-respondent Date of judgment 23.7.09 Before: Mr.Justice Sunil Kumar Garg-President Mrs.Vimla Sethia-Member Mr.Abhishek Bhandari counsel for the appellant Mr.Prashant Mantri counsel for the respondent This
appeal has been filed by the appellant Insurance Co. against order dated 1.10.08 passed by the District Forum,Sirohi in complaint no. 70/2004 by which the complaint of the complainant respondent was allowed in the manner that the appellants were directed to pay a sum of Rs. 2,31,319/- as amount for the loss of the diesel due to accident after deducting 780 lt. of diesel alongwith interest @ 10% p.a. w.e.f. 23.8.04 and if the amount was not paid within two months the rate of interest would be charged @ 12% p.a. 2
2. It arises in the following circumstances-
That the complainant respondent had filed a complaint against the appellants before the District Forum, Sirohi on 20.8.04 inter alia stating that his vehicle bearing registration no. RJ 24 G 0401 was got insured with the appellants Insurance Co. for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India and the cover note is marked Anx. 1. It was further stated in the complaint that on 23.7.03 12000 high speed diesel was filled in up in the said vehicle and that diesel was taken from HPCL, Udaipur and was to be delivered at Revdar and the price of the diesel was Rs.2,47,400/- as is evident from the invoice Anx. 2. It was further stated in the complaint that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river and since there was water on the bridge, the said truck had fallen as a result of which 11220 lt. diesel was lost and only 780 lt. diesel had remained in the vehicle and a Rapat bearing no. 1060 dated 23.7.03 was also lodged with the Police Station, Aburoad ,Distt. Sirohi. It was further stated in the complaint that a claim was preferred by the complainant before the office of the appellants Insurance Co. but the claim was repudiated by the appellants through letter dated 20.4.04 in the following manner-
" As per investigation report, claim looked manipulated as insured and driver statement were not tallied with facts of ground.Hence claim was 3 treated as No claim."
Thereafter the present complaint was filed by the complainant.
A reply was filed by the appellants before the District Forum, Sirohi and in the reply they have taken the same pleas which were taken by them in the repudiation letter dated 20.4.04. It was further stated in the reply that the accident had not taken place in the manner as stated by the complainant and the claim was filed by the complainant with intention to get compensation with ulterior motive.
After hearing the parties, the District Forum, Sirohi through impugned order dated 1.10.08 had allowed the complaint of the complainant after placing reliance on the report dated 13.8.03 of Mr. Rajnikant Panchal, Surveyor and Loss Assessor who had admitted the fact that 50% diesel might be leaked due to accident and further Mr.Satendra Singh Yadav, the another surveyor in his report dated 8.3.04 had admitted the fact that 45% oil was lost, therefore, taken into consideration all these aspects and further since the water which was flowing on the road was having some traces of the oil and therefore, the District Forum had come to the conclusion that after accident the diesel had flown from the tanker and further since from Udaipur 12000 lt. diesel was filled in up in the tanker and only 780 lt. was found in the tanker, therefore, the complainant is entitled to get the price of 11220 lt. diesel that come to Rs.2,31,319/-.
4Aggrieved from the said order dated 1.10.08 passed by the District Forum, Sirohi, this appeal has been filed by the appellants Insurance Company.
3. In this appeal the main contention of the learned counsel for the appellants is that the findings recorded by the District Forum by which complaint was allowed are erroneous one and the claim of the complainant was rightly repudiated by the appellants through letter dated 20.4.04 and the District Forum had committed serious error and illegality in decreeing the claim of the complainant respondent. Hence the impugned order could not be sustained and liable to be quashed and set aside and this appeal deserves to be allowed.
4. On the other hand the learned counsel appearing for the respondent has supported the impugned order passed by the District Forum, Sirohi.
5. We have heard the learned counsel for the appellants as well as for the respondent and have gone through the entire materials available on record.
6. There is no dispute on the point that the vehicle of the complainant respondent bearing registration no. RJ 24 G 0401 was got insured with the appellants for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India.
7. There is no dispute on the point that on 23.7.03 , 12000 high speed diesel was filled in up in the said vehicle and that 5 diesel was taken from HPCL, Udaipur and was to be delivered at Revdar .
8. There is no dispute on the point that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river the said truck had fallen.
9. There is no dipute on the point that Surveyor & Loss Assessor Mr. Rajnikant Panchal, who had conducted the preliminary survey of the incident , in his report dated 13.8.03 had come to the following conclusion-
" In evening around 11.30 p.m. got shifting of remained diesel of tanker no. RJ 24 G 0401 in tanker no. RJ 24 G 0588. I have got weighment of tanker no. RJ 24 G 0588 in empty condition ( unleden 9430 kt.) and after shifting of remained diesel ( leden weight -10210 kg.) net remained diesel weight 780 kg. only."
10. When this being the position to say that no accident had taken place and no loss had occured to the complainant respondent could not be found established.
11. Not only this from the photographs which have been filed by the complainant alongwith the complaint, the fact that the said tanker had fallen in the river is well established though it was in the tilting position and a bare perusal of the photographs clearly reveals that by the accident loss of the diesel must have occured.
12. It may be stated here that from the survey report of Mr.Satendra Singh Yadav dated 8.3.04, the fact that the accident 6 had taken place is also well established and thus, taken into consideration the report of Mr.Rajnikant Panchal, the District Forum had rightly passed the impugned order in the manner that after deducting the price of 780 lt. diesel , the price of the remaining diesel was ordered to be paid to the complainant respondent by the appellants.
13. For the reasons stated above, the appellants were not justified in repudiating the claim of the complainant respondent and the appellants have repudiated the claim of the complainant respondent without any basis and on wrong assumption and in an arbitrary manner and in view of this, the findings of the District Forum decreeing the claim of the complainant respondent are liable to be confirmed as they are based on correct appreciation of entire materials and evidence available on record and they do not suffer from any basic infirmity, illegality or perversity and this appeal deserves to be dismissed on merits.
On point of interest
14. In this case the District Forum had awarded interest @ 10% p.a. on the decreetal amount and if the amount was not paid within two months the rate of interest would be 12% p.a.
15. In our considered opinion, the rate of interest awarded by the District Forum appears to be on higher side and looking to the entire facts and circumstances of the case, we deem it proper to award interest at the rate of 9% p.a. instead of 12% p.a. and to that extent, the impugned order of the District Forum is liable to be modified.
7Accordingly, this appeal filed by the appellants on merits is dismissed. However, the complainant respondent would get interest on the decreetal amount at the rate of 9% p.a. instead of 12% p.a. and to the above extent on point of rate of interest , the impugned order of the District Forum,Sirohi dated 1.10.08 stands modified accordingly.
Member President APPEAL NO: 2057/2008 United India Insurance Co. Ltd.
Sahara Chambers, Tonk Road, Jaipur through its Regional Manager.
Opposite party-appellant Vs. M/s.
Veshno Devi Petroleum Service, Maval through its proprietor Heeralal r/o 3, Maval, Aburoad, Distt. Sirohi.
Complainant-respondent Date of judgment 23.7.09 Before: Mr.Justice Sunil Kumar Garg-President Mrs.Vimla Sethia-Member Mr.Abhishek Bhandari counsel for the appellant Mr.Prashant Mantri counsel for the respondent This
appeal has been filed by the appellant Insurance Co. against order dated 1.10.08 passed by the District Forum,Sirohi in complaint no. 70/2004 by which the complaint of the complainant respondent was allowed in the manner that the appellants were directed to pay a sum of Rs. 2,31,319/- as amount for the loss of the diesel due to accident after deducting 780 lt. of diesel alongwith interest @ 10% p.a. w.e.f. 23.8.04 and if the amount was not paid within two months the rate of interest would be charged @ 12% p.a. 2
2. It arises in the following circumstances-
That the complainant respondent had filed a complaint against the appellants before the District Forum, Sirohi on 20.8.04 inter alia stating that his vehicle bearing registration no. RJ 24 G 0401 was got insured with the appellants Insurance Co. for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India and the cover note is marked Anx. 1. It was further stated in the complaint that on 23.7.03 12000 high speed diesel was filled in up in the said vehicle and that diesel was taken from HPCL, Udaipur and was to be delivered at Revdar and the price of the diesel was Rs.2,47,400/- as is evident from the invoice Anx. 2. It was further stated in the complaint that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river and since there was water on the bridge, the said truck had fallen as a result of which 11220 lt. diesel was lost and only 780 lt. diesel had remained in the vehicle and a Rapat bearing no. 1060 dated 23.7.03 was also lodged with the Police Station, Aburoad ,Distt. Sirohi. It was further stated in the complaint that a claim was preferred by the complainant before the office of the appellants Insurance Co. but the claim was repudiated by the appellants through letter dated 20.4.04 in the following manner-
" As per investigation report, claim looked manipulated as insured and driver statement were not tallied with facts of ground.Hence claim was 3 treated as No claim."
Thereafter the present complaint was filed by the complainant.
A reply was filed by the appellants before the District Forum, Sirohi and in the reply they have taken the same pleas which were taken by them in the repudiation letter dated 20.4.04. It was further stated in the reply that the accident had not taken place in the manner as stated by the complainant and the claim was filed by the complainant with intention to get compensation with ulterior motive.
After hearing the parties, the District Forum, Sirohi through impugned order dated 1.10.08 had allowed the complaint of the complainant after placing reliance on the report dated 13.8.03 of Mr. Rajnikant Panchal, Surveyor and Loss Assessor who had admitted the fact that 50% diesel might be leaked due to accident and further Mr.Satendra Singh Yadav, the another surveyor in his report dated 8.3.04 had admitted the fact that 45% oil was lost, therefore, taken into consideration all these aspects and further since the water which was flowing on the road was having some traces of the oil and therefore, the District Forum had come to the conclusion that after accident the diesel had flown from the tanker and further since from Udaipur 12000 lt. diesel was filled in up in the tanker and only 780 lt. was found in the tanker, therefore, the complainant is entitled to get the price of 11220 lt. diesel that come to Rs.2,31,319/-.
4Aggrieved from the said order dated 1.10.08 passed by the District Forum, Sirohi, this appeal has been filed by the appellants Insurance Company.
3. In this appeal the main contention of the learned counsel for the appellants is that the findings recorded by the District Forum by which complaint was allowed are erroneous one and the claim of the complainant was rightly repudiated by the appellants through letter dated 20.4.04 and the District Forum had committed serious error and illegality in decreeing the claim of the complainant respondent. Hence the impugned order could not be sustained and liable to be quashed and set aside and this appeal deserves to be allowed.
4. On the other hand the learned counsel appearing for the respondent has supported the impugned order passed by the District Forum, Sirohi.
5. We have heard the learned counsel for the appellants as well as for the respondent and have gone through the entire materials available on record.
6. There is no dispute on the point that the vehicle of the complainant respondent bearing registration no. RJ 24 G 0401 was got insured with the appellants for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India.
7. There is no dispute on the point that on 23.7.03 , 12000 high speed diesel was filled in up in the said vehicle and that 5 diesel was taken from HPCL, Udaipur and was to be delivered at Revdar .
8. There is no dispute on the point that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river the said truck had fallen.
9. There is no dipute on the point that Surveyor & Loss Assessor Mr. Rajnikant Panchal, who had conducted the preliminary survey of the incident , in his report dated 13.8.03 had come to the following conclusion-
" In evening around 11.30 p.m. got shifting of remained diesel of tanker no. RJ 24 G 0401 in tanker no. RJ 24 G 0588. I have got weighment of tanker no. RJ 24 G 0588 in empty condition ( unleden 9430 kt.) and after shifting of remained diesel ( leden weight -10210 kg.) net remained diesel weight 780 kg. only."
10. When this being the position to say that no accident had taken place and no loss had occured to the complainant respondent could not be found established.
11. Not only this from the photographs which have been filed by the complainant alongwith the complaint, the fact that the said tanker had fallen in the river is well established though it was in the tilting position and a bare perusal of the photographs clearly reveals that by the accident loss of the diesel must have occured.
12. It may be stated here that from the survey report of Mr.Satendra Singh Yadav dated 8.3.04, the fact that the accident 6 had taken place is also well established and thus, taken into consideration the report of Mr.Rajnikant Panchal, the District Forum had rightly passed the impugned order in the manner that after deducting the price of 780 lt. diesel , the price of the remaining diesel was ordered to be paid to the complainant respondent by the appellants.
13. For the reasons stated above, the appellants were not justified in repudiating the claim of the complainant respondent and the appellants have repudiated the claim of the complainant respondent without any basis and on wrong assumption and in an arbitrary manner and in view of this, the findings of the District Forum decreeing the claim of the complainant respondent are liable to be confirmed as they are based on correct appreciation of entire materials and evidence available on record and they do not suffer from any basic infirmity, illegality or perversity and this appeal deserves to be dismissed on merits.
On point of interest
14. In this case the District Forum had awarded interest @ 10% p.a. on the decreetal amount and if the amount was not paid within two months the rate of interest would be 12% p.a.
15. In our considered opinion, the rate of interest awarded by the District Forum appears to be on higher side and looking to the entire facts and circumstances of the case, we deem it proper to award interest at the rate of 9% p.a. instead of 12% p.a. and to that extent, the impugned order of the District Forum is liable to be modified.
7Accordingly, this appeal filed by the appellants on merits is dismissed. However, the complainant respondent would get interest on the decreetal amount at the rate of 9% p.a. instead of 12% p.a. and to the above extent on point of rate of interest , the impugned order of the District Forum,Sirohi dated 1.10.08 stands modified accordingly.
Member President APPEAL NO: 2057/2008 United India Insurance Co. Ltd.
Sahara Chambers, Tonk Road, Jaipur through its Regional Manager.
Opposite party-appellant Vs. M/s.
Veshno Devi Petroleum Service, Maval through its proprietor Heeralal r/o 3, Maval, Aburoad, Distt. Sirohi.
Complainant-respondent Date of judgment 23.7.09 Before: Mr.Justice Sunil Kumar Garg-President Mrs.Vimla Sethia-Member Mr.Abhishek Bhandari counsel for the appellant Mr.Prashant Mantri counsel for the respondent This
appeal has been filed by the appellant Insurance Co. against order dated 1.10.08 passed by the District Forum,Sirohi in complaint no. 70/2004 by which the complaint of the complainant respondent was allowed in the manner that the appellants were directed to pay a sum of Rs. 2,31,319/- as amount for the loss of the diesel due to accident after deducting 780 lt. of diesel alongwith interest @ 10% p.a. w.e.f. 23.8.04 and if the amount was not paid within two months the rate of interest would be charged @ 12% p.a. 2
2. It arises in the following circumstances-
That the complainant respondent had filed a complaint against the appellants before the District Forum, Sirohi on 20.8.04 inter alia stating that his vehicle bearing registration no. RJ 24 G 0401 was got insured with the appellants Insurance Co. for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India and the cover note is marked Anx. 1. It was further stated in the complaint that on 23.7.03 12000 high speed diesel was filled in up in the said vehicle and that diesel was taken from HPCL, Udaipur and was to be delivered at Revdar and the price of the diesel was Rs.2,47,400/- as is evident from the invoice Anx. 2. It was further stated in the complaint that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river and since there was water on the bridge, the said truck had fallen as a result of which 11220 lt. diesel was lost and only 780 lt. diesel had remained in the vehicle and a Rapat bearing no. 1060 dated 23.7.03 was also lodged with the Police Station, Aburoad ,Distt. Sirohi. It was further stated in the complaint that a claim was preferred by the complainant before the office of the appellants Insurance Co. but the claim was repudiated by the appellants through letter dated 20.4.04 in the following manner-
" As per investigation report, claim looked manipulated as insured and driver statement were not tallied with facts of ground.Hence claim was 3 treated as No claim."
Thereafter the present complaint was filed by the complainant.
A reply was filed by the appellants before the District Forum, Sirohi and in the reply they have taken the same pleas which were taken by them in the repudiation letter dated 20.4.04. It was further stated in the reply that the accident had not taken place in the manner as stated by the complainant and the claim was filed by the complainant with intention to get compensation with ulterior motive.
After hearing the parties, the District Forum, Sirohi through impugned order dated 1.10.08 had allowed the complaint of the complainant after placing reliance on the report dated 13.8.03 of Mr. Rajnikant Panchal, Surveyor and Loss Assessor who had admitted the fact that 50% diesel might be leaked due to accident and further Mr.Satendra Singh Yadav, the another surveyor in his report dated 8.3.04 had admitted the fact that 45% oil was lost, therefore, taken into consideration all these aspects and further since the water which was flowing on the road was having some traces of the oil and therefore, the District Forum had come to the conclusion that after accident the diesel had flown from the tanker and further since from Udaipur 12000 lt. diesel was filled in up in the tanker and only 780 lt. was found in the tanker, therefore, the complainant is entitled to get the price of 11220 lt. diesel that come to Rs.2,31,319/-.
4Aggrieved from the said order dated 1.10.08 passed by the District Forum, Sirohi, this appeal has been filed by the appellants Insurance Company.
3. In this appeal the main contention of the learned counsel for the appellants is that the findings recorded by the District Forum by which complaint was allowed are erroneous one and the claim of the complainant was rightly repudiated by the appellants through letter dated 20.4.04 and the District Forum had committed serious error and illegality in decreeing the claim of the complainant respondent. Hence the impugned order could not be sustained and liable to be quashed and set aside and this appeal deserves to be allowed.
4. On the other hand the learned counsel appearing for the respondent has supported the impugned order passed by the District Forum, Sirohi.
5. We have heard the learned counsel for the appellants as well as for the respondent and have gone through the entire materials available on record.
6. There is no dispute on the point that the vehicle of the complainant respondent bearing registration no. RJ 24 G 0401 was got insured with the appellants for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India.
7. There is no dispute on the point that on 23.7.03 , 12000 high speed diesel was filled in up in the said vehicle and that 5 diesel was taken from HPCL, Udaipur and was to be delivered at Revdar .
8. There is no dispute on the point that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river the said truck had fallen.
9. There is no dipute on the point that Surveyor & Loss Assessor Mr. Rajnikant Panchal, who had conducted the preliminary survey of the incident , in his report dated 13.8.03 had come to the following conclusion-
" In evening around 11.30 p.m. got shifting of remained diesel of tanker no. RJ 24 G 0401 in tanker no. RJ 24 G 0588. I have got weighment of tanker no. RJ 24 G 0588 in empty condition ( unleden 9430 kt.) and after shifting of remained diesel ( leden weight -10210 kg.) net remained diesel weight 780 kg. only."
10. When this being the position to say that no accident had taken place and no loss had occured to the complainant respondent could not be found established.
11. Not only this from the photographs which have been filed by the complainant alongwith the complaint, the fact that the said tanker had fallen in the river is well established though it was in the tilting position and a bare perusal of the photographs clearly reveals that by the accident loss of the diesel must have occured.
12. It may be stated here that from the survey report of Mr.Satendra Singh Yadav dated 8.3.04, the fact that the accident 6 had taken place is also well established and thus, taken into consideration the report of Mr.Rajnikant Panchal, the District Forum had rightly passed the impugned order in the manner that after deducting the price of 780 lt. diesel , the price of the remaining diesel was ordered to be paid to the complainant respondent by the appellants.
13. For the reasons stated above, the appellants were not justified in repudiating the claim of the complainant respondent and the appellants have repudiated the claim of the complainant respondent without any basis and on wrong assumption and in an arbitrary manner and in view of this, the findings of the District Forum decreeing the claim of the complainant respondent are liable to be confirmed as they are based on correct appreciation of entire materials and evidence available on record and they do not suffer from any basic infirmity, illegality or perversity and this appeal deserves to be dismissed on merits.
On point of interest
14. In this case the District Forum had awarded interest @ 10% p.a. on the decreetal amount and if the amount was not paid within two months the rate of interest would be 12% p.a.
15. In our considered opinion, the rate of interest awarded by the District Forum appears to be on higher side and looking to the entire facts and circumstances of the case, we deem it proper to award interest at the rate of 9% p.a. instead of 12% p.a. and to that extent, the impugned order of the District Forum is liable to be modified.
7Accordingly, this appeal filed by the appellants on merits is dismissed. However, the complainant respondent would get interest on the decreetal amount at the rate of 9% p.a. instead of 12% p.a. and to the above extent on point of rate of interest , the impugned order of the District Forum,Sirohi dated 1.10.08 stands modified accordingly.
Member President APPEAL NO: 2057/2008 United India Insurance Co. Ltd.
Sahara Chambers, Tonk Road, Jaipur through its Regional Manager.
Opposite party-appellant Vs. M/s.
Veshno Devi Petroleum Service, Maval through its proprietor Heeralal r/o 3, Maval, Aburoad, Distt. Sirohi.
Complainant-respondent Date of judgment 23.7.09 Before: Mr.Justice Sunil Kumar Garg-President Mrs.Vimla Sethia-Member Mr.Abhishek Bhandari counsel for the appellant Mr.Prashant Mantri counsel for the respondent This
appeal has been filed by the appellant Insurance Co. against order dated 1.10.08 passed by the District Forum,Sirohi in complaint no. 70/2004 by which the complaint of the complainant respondent was allowed in the manner that the appellants were directed to pay a sum of Rs. 2,31,319/- as amount for the loss of the diesel due to accident after deducting 780 lt. of diesel alongwith interest @ 10% p.a. w.e.f. 23.8.04 and if the amount was not paid within two months the rate of interest would be charged @ 12% p.a. 2
2. It arises in the following circumstances-
That the complainant respondent had filed a complaint against the appellants before the District Forum, Sirohi on 20.8.04 inter alia stating that his vehicle bearing registration no. RJ 24 G 0401 was got insured with the appellants Insurance Co. for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India and the cover note is marked Anx. 1. It was further stated in the complaint that on 23.7.03 12000 high speed diesel was filled in up in the said vehicle and that diesel was taken from HPCL, Udaipur and was to be delivered at Revdar and the price of the diesel was Rs.2,47,400/- as is evident from the invoice Anx. 2. It was further stated in the complaint that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river and since there was water on the bridge, the said truck had fallen as a result of which 11220 lt. diesel was lost and only 780 lt. diesel had remained in the vehicle and a Rapat bearing no. 1060 dated 23.7.03 was also lodged with the Police Station, Aburoad ,Distt. Sirohi. It was further stated in the complaint that a claim was preferred by the complainant before the office of the appellants Insurance Co. but the claim was repudiated by the appellants through letter dated 20.4.04 in the following manner-
" As per investigation report, claim looked manipulated as insured and driver statement were not tallied with facts of ground.Hence claim was 3 treated as No claim."
Thereafter the present complaint was filed by the complainant.
A reply was filed by the appellants before the District Forum, Sirohi and in the reply they have taken the same pleas which were taken by them in the repudiation letter dated 20.4.04. It was further stated in the reply that the accident had not taken place in the manner as stated by the complainant and the claim was filed by the complainant with intention to get compensation with ulterior motive.
After hearing the parties, the District Forum, Sirohi through impugned order dated 1.10.08 had allowed the complaint of the complainant after placing reliance on the report dated 13.8.03 of Mr. Rajnikant Panchal, Surveyor and Loss Assessor who had admitted the fact that 50% diesel might be leaked due to accident and further Mr.Satendra Singh Yadav, the another surveyor in his report dated 8.3.04 had admitted the fact that 45% oil was lost, therefore, taken into consideration all these aspects and further since the water which was flowing on the road was having some traces of the oil and therefore, the District Forum had come to the conclusion that after accident the diesel had flown from the tanker and further since from Udaipur 12000 lt. diesel was filled in up in the tanker and only 780 lt. was found in the tanker, therefore, the complainant is entitled to get the price of 11220 lt. diesel that come to Rs.2,31,319/-.
4Aggrieved from the said order dated 1.10.08 passed by the District Forum, Sirohi, this appeal has been filed by the appellants Insurance Company.
3. In this appeal the main contention of the learned counsel for the appellants is that the findings recorded by the District Forum by which complaint was allowed are erroneous one and the claim of the complainant was rightly repudiated by the appellants through letter dated 20.4.04 and the District Forum had committed serious error and illegality in decreeing the claim of the complainant respondent. Hence the impugned order could not be sustained and liable to be quashed and set aside and this appeal deserves to be allowed.
4. On the other hand the learned counsel appearing for the respondent has supported the impugned order passed by the District Forum, Sirohi.
5. We have heard the learned counsel for the appellants as well as for the respondent and have gone through the entire materials available on record.
6. There is no dispute on the point that the vehicle of the complainant respondent bearing registration no. RJ 24 G 0401 was got insured with the appellants for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India.
7. There is no dispute on the point that on 23.7.03 , 12000 high speed diesel was filled in up in the said vehicle and that 5 diesel was taken from HPCL, Udaipur and was to be delivered at Revdar .
8. There is no dispute on the point that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river the said truck had fallen.
9. There is no dipute on the point that Surveyor & Loss Assessor Mr. Rajnikant Panchal, who had conducted the preliminary survey of the incident , in his report dated 13.8.03 had come to the following conclusion-
" In evening around 11.30 p.m. got shifting of remained diesel of tanker no. RJ 24 G 0401 in tanker no. RJ 24 G 0588. I have got weighment of tanker no. RJ 24 G 0588 in empty condition ( unleden 9430 kt.) and after shifting of remained diesel ( leden weight -10210 kg.) net remained diesel weight 780 kg. only."
10. When this being the position to say that no accident had taken place and no loss had occured to the complainant respondent could not be found established.
11. Not only this from the photographs which have been filed by the complainant alongwith the complaint, the fact that the said tanker had fallen in the river is well established though it was in the tilting position and a bare perusal of the photographs clearly reveals that by the accident loss of the diesel must have occured.
12. It may be stated here that from the survey report of Mr.Satendra Singh Yadav dated 8.3.04, the fact that the accident 6 had taken place is also well established and thus, taken into consideration the report of Mr.Rajnikant Panchal, the District Forum had rightly passed the impugned order in the manner that after deducting the price of 780 lt. diesel , the price of the remaining diesel was ordered to be paid to the complainant respondent by the appellants.
13. For the reasons stated above, the appellants were not justified in repudiating the claim of the complainant respondent and the appellants have repudiated the claim of the complainant respondent without any basis and on wrong assumption and in an arbitrary manner and in view of this, the findings of the District Forum decreeing the claim of the complainant respondent are liable to be confirmed as they are based on correct appreciation of entire materials and evidence available on record and they do not suffer from any basic infirmity, illegality or perversity and this appeal deserves to be dismissed on merits.
On point of interest
14. In this case the District Forum had awarded interest @ 10% p.a. on the decreetal amount and if the amount was not paid within two months the rate of interest would be 12% p.a.
15. In our considered opinion, the rate of interest awarded by the District Forum appears to be on higher side and looking to the entire facts and circumstances of the case, we deem it proper to award interest at the rate of 9% p.a. instead of 12% p.a. and to that extent, the impugned order of the District Forum is liable to be modified.
7Accordingly, this appeal filed by the appellants on merits is dismissed. However, the complainant respondent would get interest on the decreetal amount at the rate of 9% p.a. instead of 12% p.a. and to the above extent on point of rate of interest , the impugned order of the District Forum,Sirohi dated 1.10.08 stands modified accordingly.
Member President APPEAL NO: 2057/2008 United India Insurance Co. Ltd.
Sahara Chambers, Tonk Road, Jaipur through its Regional Manager.
Opposite party-appellant Vs. M/s.
Veshno Devi Petroleum Service, Maval through its proprietor Heeralal r/o 3, Maval, Aburoad, Distt. Sirohi.
Complainant-respondent Date of judgment 23.7.09 Before: Mr.Justice Sunil Kumar Garg-President Mrs.Vimla Sethia-Member Mr.Abhishek Bhandari counsel for the appellant Mr.Prashant Mantri counsel for the respondent This
appeal has been filed by the appellant Insurance Co. against order dated 1.10.08 passed by the District Forum,Sirohi in complaint no. 70/2004 by which the complaint of the complainant respondent was allowed in the manner that the appellants were directed to pay a sum of Rs. 2,31,319/- as amount for the loss of the diesel due to accident after deducting 780 lt. of diesel alongwith interest @ 10% p.a. w.e.f. 23.8.04 and if the amount was not paid within two months the rate of interest would be charged @ 12% p.a. 2
2. It arises in the following circumstances-
That the complainant respondent had filed a complaint against the appellants before the District Forum, Sirohi on 20.8.04 inter alia stating that his vehicle bearing registration no. RJ 24 G 0401 was got insured with the appellants Insurance Co. for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India and the cover note is marked Anx. 1. It was further stated in the complaint that on 23.7.03 12000 high speed diesel was filled in up in the said vehicle and that diesel was taken from HPCL, Udaipur and was to be delivered at Revdar and the price of the diesel was Rs.2,47,400/- as is evident from the invoice Anx. 2. It was further stated in the complaint that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river and since there was water on the bridge, the said truck had fallen as a result of which 11220 lt. diesel was lost and only 780 lt. diesel had remained in the vehicle and a Rapat bearing no. 1060 dated 23.7.03 was also lodged with the Police Station, Aburoad ,Distt. Sirohi. It was further stated in the complaint that a claim was preferred by the complainant before the office of the appellants Insurance Co. but the claim was repudiated by the appellants through letter dated 20.4.04 in the following manner-
" As per investigation report, claim looked manipulated as insured and driver statement were not tallied with facts of ground.Hence claim was 3 treated as No claim."
Thereafter the present complaint was filed by the complainant.
A reply was filed by the appellants before the District Forum, Sirohi and in the reply they have taken the same pleas which were taken by them in the repudiation letter dated 20.4.04. It was further stated in the reply that the accident had not taken place in the manner as stated by the complainant and the claim was filed by the complainant with intention to get compensation with ulterior motive.
After hearing the parties, the District Forum, Sirohi through impugned order dated 1.10.08 had allowed the complaint of the complainant after placing reliance on the report dated 13.8.03 of Mr. Rajnikant Panchal, Surveyor and Loss Assessor who had admitted the fact that 50% diesel might be leaked due to accident and further Mr.Satendra Singh Yadav, the another surveyor in his report dated 8.3.04 had admitted the fact that 45% oil was lost, therefore, taken into consideration all these aspects and further since the water which was flowing on the road was having some traces of the oil and therefore, the District Forum had come to the conclusion that after accident the diesel had flown from the tanker and further since from Udaipur 12000 lt. diesel was filled in up in the tanker and only 780 lt. was found in the tanker, therefore, the complainant is entitled to get the price of 11220 lt. diesel that come to Rs.2,31,319/-.
4Aggrieved from the said order dated 1.10.08 passed by the District Forum, Sirohi, this appeal has been filed by the appellants Insurance Company.
3. In this appeal the main contention of the learned counsel for the appellants is that the findings recorded by the District Forum by which complaint was allowed are erroneous one and the claim of the complainant was rightly repudiated by the appellants through letter dated 20.4.04 and the District Forum had committed serious error and illegality in decreeing the claim of the complainant respondent. Hence the impugned order could not be sustained and liable to be quashed and set aside and this appeal deserves to be allowed.
4. On the other hand the learned counsel appearing for the respondent has supported the impugned order passed by the District Forum, Sirohi.
5. We have heard the learned counsel for the appellants as well as for the respondent and have gone through the entire materials available on record.
6. There is no dispute on the point that the vehicle of the complainant respondent bearing registration no. RJ 24 G 0401 was got insured with the appellants for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India.
7. There is no dispute on the point that on 23.7.03 , 12000 high speed diesel was filled in up in the said vehicle and that 5 diesel was taken from HPCL, Udaipur and was to be delivered at Revdar .
8. There is no dispute on the point that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river the said truck had fallen.
9. There is no dipute on the point that Surveyor & Loss Assessor Mr. Rajnikant Panchal, who had conducted the preliminary survey of the incident , in his report dated 13.8.03 had come to the following conclusion-
" In evening around 11.30 p.m. got shifting of remained diesel of tanker no. RJ 24 G 0401 in tanker no. RJ 24 G 0588. I have got weighment of tanker no. RJ 24 G 0588 in empty condition ( unleden 9430 kt.) and after shifting of remained diesel ( leden weight -10210 kg.) net remained diesel weight 780 kg. only."
10. When this being the position to say that no accident had taken place and no loss had occured to the complainant respondent could not be found established.
11. Not only this from the photographs which have been filed by the complainant alongwith the complaint, the fact that the said tanker had fallen in the river is well established though it was in the tilting position and a bare perusal of the photographs clearly reveals that by the accident loss of the diesel must have occured.
12. It may be stated here that from the survey report of Mr.Satendra Singh Yadav dated 8.3.04, the fact that the accident 6 had taken place is also well established and thus, taken into consideration the report of Mr.Rajnikant Panchal, the District Forum had rightly passed the impugned order in the manner that after deducting the price of 780 lt. diesel , the price of the remaining diesel was ordered to be paid to the complainant respondent by the appellants.
13. For the reasons stated above, the appellants were not justified in repudiating the claim of the complainant respondent and the appellants have repudiated the claim of the complainant respondent without any basis and on wrong assumption and in an arbitrary manner and in view of this, the findings of the District Forum decreeing the claim of the complainant respondent are liable to be confirmed as they are based on correct appreciation of entire materials and evidence available on record and they do not suffer from any basic infirmity, illegality or perversity and this appeal deserves to be dismissed on merits.
On point of interest
14. In this case the District Forum had awarded interest @ 10% p.a. on the decreetal amount and if the amount was not paid within two months the rate of interest would be 12% p.a.
15. In our considered opinion, the rate of interest awarded by the District Forum appears to be on higher side and looking to the entire facts and circumstances of the case, we deem it proper to award interest at the rate of 9% p.a. instead of 12% p.a. and to that extent, the impugned order of the District Forum is liable to be modified.
7Accordingly, this appeal filed by the appellants on merits is dismissed. However, the complainant respondent would get interest on the decreetal amount at the rate of 9% p.a. instead of 12% p.a. and to the above extent on point of rate of interest , the impugned order of the District Forum,Sirohi dated 1.10.08 stands modified accordingly.
Member President APPEAL NO: 2057/2008 United India Insurance Co. Ltd.
Sahara Chambers, Tonk Road, Jaipur through its Regional Manager.
Opposite party-appellant Vs. M/s.
Veshno Devi Petroleum Service, Maval through its proprietor Heeralal r/o 3, Maval, Aburoad, Distt. Sirohi.
Complainant-respondent Date of judgment 23.7.09 Before: Mr.Justice Sunil Kumar Garg-President Mrs.Vimla Sethia-Member Mr.Abhishek Bhandari counsel for the appellant Mr.Prashant Mantri counsel for the respondent This
appeal has been filed by the appellant Insurance Co. against order dated 1.10.08 passed by the District Forum,Sirohi in complaint no. 70/2004 by which the complaint of the complainant respondent was allowed in the manner that the appellants were directed to pay a sum of Rs. 2,31,319/- as amount for the loss of the diesel due to accident after deducting 780 lt. of diesel alongwith interest @ 10% p.a. w.e.f. 23.8.04 and if the amount was not paid within two months the rate of interest would be charged @ 12% p.a. 2
2. It arises in the following circumstances-
That the complainant respondent had filed a complaint against the appellants before the District Forum, Sirohi on 20.8.04 inter alia stating that his vehicle bearing registration no. RJ 24 G 0401 was got insured with the appellants Insurance Co. for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India and the cover note is marked Anx. 1. It was further stated in the complaint that on 23.7.03 12000 high speed diesel was filled in up in the said vehicle and that diesel was taken from HPCL, Udaipur and was to be delivered at Revdar and the price of the diesel was Rs.2,47,400/- as is evident from the invoice Anx. 2. It was further stated in the complaint that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river and since there was water on the bridge, the said truck had fallen as a result of which 11220 lt. diesel was lost and only 780 lt. diesel had remained in the vehicle and a Rapat bearing no. 1060 dated 23.7.03 was also lodged with the Police Station, Aburoad ,Distt. Sirohi. It was further stated in the complaint that a claim was preferred by the complainant before the office of the appellants Insurance Co. but the claim was repudiated by the appellants through letter dated 20.4.04 in the following manner-
" As per investigation report, claim looked manipulated as insured and driver statement were not tallied with facts of ground.Hence claim was 3 treated as No claim."
Thereafter the present complaint was filed by the complainant.
A reply was filed by the appellants before the District Forum, Sirohi and in the reply they have taken the same pleas which were taken by them in the repudiation letter dated 20.4.04. It was further stated in the reply that the accident had not taken place in the manner as stated by the complainant and the claim was filed by the complainant with intention to get compensation with ulterior motive.
After hearing the parties, the District Forum, Sirohi through impugned order dated 1.10.08 had allowed the complaint of the complainant after placing reliance on the report dated 13.8.03 of Mr. Rajnikant Panchal, Surveyor and Loss Assessor who had admitted the fact that 50% diesel might be leaked due to accident and further Mr.Satendra Singh Yadav, the another surveyor in his report dated 8.3.04 had admitted the fact that 45% oil was lost, therefore, taken into consideration all these aspects and further since the water which was flowing on the road was having some traces of the oil and therefore, the District Forum had come to the conclusion that after accident the diesel had flown from the tanker and further since from Udaipur 12000 lt. diesel was filled in up in the tanker and only 780 lt. was found in the tanker, therefore, the complainant is entitled to get the price of 11220 lt. diesel that come to Rs.2,31,319/-.
4Aggrieved from the said order dated 1.10.08 passed by the District Forum, Sirohi, this appeal has been filed by the appellants Insurance Company.
3. In this appeal the main contention of the learned counsel for the appellants is that the findings recorded by the District Forum by which complaint was allowed are erroneous one and the claim of the complainant was rightly repudiated by the appellants through letter dated 20.4.04 and the District Forum had committed serious error and illegality in decreeing the claim of the complainant respondent. Hence the impugned order could not be sustained and liable to be quashed and set aside and this appeal deserves to be allowed.
4. On the other hand the learned counsel appearing for the respondent has supported the impugned order passed by the District Forum, Sirohi.
5. We have heard the learned counsel for the appellants as well as for the respondent and have gone through the entire materials available on record.
6. There is no dispute on the point that the vehicle of the complainant respondent bearing registration no. RJ 24 G 0401 was got insured with the appellants for a sum of Rs. 3 lacs for the period 30.7.02 to 29.7.03 for the purpose of carrying Hindustan Petroleum Corporation Ltd. ( HPCL )petroleum products from one part of India to another part of India.
7. There is no dispute on the point that on 23.7.03 , 12000 high speed diesel was filled in up in the said vehicle and that 5 diesel was taken from HPCL, Udaipur and was to be delivered at Revdar .
8. There is no dispute on the point that in the night of 23.7.03 when the vehicle in question was going towards Aburoad and was crossing the Jambua river the said truck had fallen.
9. There is no dipute on the point that Surveyor & Loss Assessor Mr. Rajnikant Panchal, who had conducted the preliminary survey of the incident , in his report dated 13.8.03 had come to the following conclusion-
" In evening around 11.30 p.m. got shifting of remained diesel of tanker no. RJ 24 G 0401 in tanker no. RJ 24 G 0588. I have got weighment of tanker no. RJ 24 G 0588 in empty condition ( unleden 9430 kt.) and after shifting of remained diesel ( leden weight -10210 kg.) net remained diesel weight 780 kg. only."
10. When this being the position to say that no accident had taken place and no loss had occured to the complainant respondent could not be found established.
11. Not only this from the photographs which have been filed by the complainant alongwith the complaint, the fact that the said tanker had fallen in the river is well established though it was in the tilting position and a bare perusal of the photographs clearly reveals that by the accident loss of the diesel must have occured.
12. It may be stated here that from the survey report of Mr.Satendra Singh Yadav dated 8.3.04, the fact that the accident 6 had taken place is also well established and thus, taken into consideration the report of Mr.Rajnikant Panchal, the District Forum had rightly passed the impugned order in the manner that after deducting the price of 780 lt. diesel , the price of the remaining diesel was ordered to be paid to the complainant respondent by the appellants.
13. For the reasons stated above, the appellants were not justified in repudiating the claim of the complainant respondent and the appellants have repudiated the claim of the complainant respondent without any basis and on wrong assumption and in an arbitrary manner and in view of this, the findings of the District Forum decreeing the claim of the complainant respondent are liable to be confirmed as they are based on correct appreciation of entire materials and evidence available on record and they do not suffer from any basic infirmity, illegality or perversity and this appeal deserves to be dismissed on merits.
On point of interest
14. In this case the District Forum had awarded interest @ 10% p.a. on the decreetal amount and if the amount was not paid within two months the rate of interest would be 12% p.a.
15. In our considered opinion, the rate of interest awarded by the District Forum appears to be on higher side and looking to the entire facts and circumstances of the case, we deem it proper to award interest at the rate of 9% p.a. instead of 12% p.a. and to that extent, the impugned order of the District Forum is liable to be modified.
7Accordingly, this appeal filed by the appellants on merits is dismissed. However, the complainant respondent would get interest on the decreetal amount at the rate of 9% p.a. instead of 12% p.a. and to the above extent on point of rate of interest , the impugned order of the District Forum,Sirohi dated 1.10.08 stands modified accordingly.
Member President