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Judgment
BRIEFLY the facts are mat the complainant was owner of a truck, which was stolen on 27.2.90. It was insured with the Oriental Insurance Co., the respondent. It is pleaded by her that she was entitled to recover the price of the truck from the respondent. She consequently prayed that the respondent be directed to pay a sum of Rs. 3,75,000/- for which amount the truck was insured with interest @ 24% per annum from the date of claim till the date of payment along with liquidated damages amounting to Rs. 2,00,000/-.
THE respondent appeared and filed an application stating that the claim of the complainant had been settled by the respondent and an amount of Rs. 3,70,988/- had been paid in full and final settlement of the claim to her. THEy have annexed the disbursement voucher and receipt executed by the complainant. According to them the complaint is not maintainable. A preliminary question that arises for consideration is, whether the complaint is maintainable if the claim has already been settled by the respondent. It is not disputed that an amount of Rs. 3,70,988/- has been paid by the Insurance Company to the complainant vide payment voucher dated 11.1.91. A receipt was also obtained by the Company from the complainant. In the receipt it is stated that the amount had been received by her in full and final settlement of the claim. After having received the amount in full and final settlement the complainant is debarred from filing the complaint before this Commission. If the complainant is aggrieved against the said payment in any ground, she can have recourse to a civil Court.
For the aforesaid reasons we do not find any merit in the complaint and dismiss the same. However, complainant can have recourse to civil Court if she so desires. Complaint dismissed.