BRANCH MANAGER, UNITED INDIA INSURANCE CO. vs JAWAI CEMENT PVT. LTD.

THIS is an appeal by United India Insurance Company Limited against the order of the District Forum, Sirohi dated 4.9.92 allowing the claim filed by the respondent amounting to Rs. 15,350/-. Facts leading to the filing of this appeal are that the respondent got his two D.G. sets insured with the appellant under Policy No. 32/1/10007/88 effective from 26.7.1988 to 25.7.1989. It was alleged by the respondent that on 25.9.1988 the Tarbo charger of the insured D.G. set became out of order. The complainant informed the appellant by telephone on that very day and requested the appellant to send the Surveyor to examine the fault. The Surveyor of the Appellant came to the factory of the respondent and after examining the Tarbo charger, he informed the respondent that it could be repaired. The complainant went to the office of the appellant and he was informed that he may get the Tarbo charger repaired at his expenses and send the bills to the appellant. The respondent accordingly got repaired the Tarbo charger and incurred an amount of Rs. 15,350/- in repairs. The respondent claimed the said amount alongwith interest in the complaint.

THE appellant filed its version before the District Forum. In its version it was stated that the Respondent did not make a complaint on the day the Tarbo charger went out of order and information was given after 4 months. It was denied that the Respondent informed the appellant by telephone regarding the Tarbo charger broke down. THE claim made by the respondent was examined by the appellant and was repudiated. After recording evidence, the District Forum held that the complainant established his case and there was no rebuttal of the facts from the side of the appellant to prove that it was not intimated by telephone by the Respondent. The appellant was held liable to pay Rs. 15,350/- to the respondent.

Aggrieved by this order United India Insurance Company Limited has filed this appeal.

APPELLANT or his Counsel was not appeared despite the fact appearance was made on 26.7.93. The appeal was adjourned to 2.11.93 but the appellant and his Counsel remained absent and so also the respondent. Before the District Forum the respondent had examined himself on oath and he supported the version in the complaint that the Tarbo charger of the generating set has became out of order and he had given intimation to the appellant by telephone on the same day. Even a Surveyor was appointed and the respondent was told to get the Tarbo charger repaired. The respondent sent the Tarbo charger to Greaves Cotton & Company, Jaipur and got the Tarbo charger repaired. Receipt Ex. 3 to show that the respondent paid an amount of Rs. 15,350/- to M/s Greaves Cotton & Company Ltd. on 5.4.91 for repairs of the Tarbo charger of the generating set. He was therefore entitled to get the amount from the appellant. The District Forum, Sirohi rightly passed the order as against the appellant the amount of Rs. 15,350/- to the respondent with interest @ 12% p.a. This appeal has no merit in it and it is hereby dismissed. Appeal dismissed.