AI Structured Summary
Not yet generated for this judgment
Judgment
A Swaraj Mazda bearing No. CHW 6462 belongs to M/s. Cargo Carriers, Sector 37B, Chandigarh. This complainant had been utilising this vehicle for rendering service on payment as a carrier. On a complaint instituted by it, the District Forum -I ordered on 19.8.1998 that a sum of Rs. 15,560/ - shall be payable by New India Assurance Co. Ltd. together with interest @ 12% per annum. Besides this, costs Rs. 2,000/ - have also been awarded. Aggrieved against it, the present appeal has been attempted.
SOME facts are undisputed. The ownership of the vehicle; the fact that it was insured for the eriod in question. Besides this, the vehicle was stationary and parked and it was hit by a speeding vehicle. Despite this, the complainant brought on record the driving licence which was valid at the time of the occurrence. The main plea raised in this appeal on behalf of the Insurance Company is that Mr. Gurinderjit Singh, Advocate, was not engaged by it and he had no authority to enter into a compromise on behalf of Mr. S.S. Aulakh, the real Advocate. Let us ignore the statement of Mr. Gurinderjit Singh, Advocate recorded on 17.8.1998. When we proceed on merits, we find that the occurrence took place when the vehicle belonging to the complainant was stationary, which was insured. The Surveyor deputed by the Insurance Company assessed the loss at a sum of Rs. 12,393.05 and after making some deductions brought it down to Rs. 9,933.60. Obviously, there is no reason why at least a sum of Rs. 9,933.60 for the first accident and a sum of Rs. 646.50 for the second occurrence should not have been paid to the complainant. After perusal of the record and hearing the learned Counsel for the parties, we modify the impugned order and it is held that a sum of Rs. 9,933.60 shall be payable after allowing a period of three months w.e.f. 1.2.1988 and the sum of Rs. 646.50 after allowing a period of three months w.e.f. 15.7.1988 together with interest @ 12% per annum till realisation. The costs Rs. 2,000/ - awarded by the Forum are also affirmed. The Cross Appeal No. 176/1998 claiming enhancement has no merit in the circumstances of this case. The delay was mainly on account of the unnecessary objections raised by the Insurance Company in respect of this simple and otherwise genuine claim. Announced. Appeal disposed of.