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Judgment
THIS is an appeal against the judgment and order dated 7.7.1994 passed by the District Forum, Hardwar whereby a compensation of Rs. 20,000/- was allowed to the appellant who has filed this appeal for the enahancement of the compensation. The brief facts of the case are that the complainant has purchased Truck Mac Ayeshar Canter which was insured with the opposite party. During the period of insurance on 28.2.1990 the tractor met with an accident. The tractor was inspected by the officers of the Insurance Company and thereafter the tractor was taken to Sant Motors, Jawalapur by the complainant for repairs. The tractor was repaired in 1990. In the repairs of the tractor, a sum of Rs. 50,337/- was spent in the purchase of parts; Rs. 13,600/- was labour charges, and Rs. 1,500/- was spent in bringing the Canter to the workshop. Thus, the claimant is entitled to a sum of Rs. 63,937/- in total. The claimant has filed the claim for the said amount.
THE Insurance Company contested the petition and alleged that after the accident, a Surveyor was appointed who submitted his report on 15.3.1991. But the claim of the complainant was very high. THErefore, on 29.3.1991 another Surveyor was appointed. THE complainant has got the vehicle repaired without the permission of the Insurance Company which is breach of the terms of the policy. THE firm where the vehicle was repaired is the firm of the family of the complainant himself. THE report of the first Surveyor is collusive and the second Surveyor has assessed a loss of Rs. 12,000/- only. After a contest, the Forum has awarded a compensation of Rs. 20,000/- against which order, the Insurance Company did not file any appeal, however, the claimant has filed the appeal for its enhancement.
On facts, the learned Forum has given a very detailed judgment. We have nothing to interfere in that. The finding of fact as recorded by the learned Forum is on the evidence of the parties. It is conceded fact that the firm where the tractor was repaired is of the own family of the complainant. The complainant has not even paid any pie as alleged by him to the firm till date. Therefore, it was very easy for him to have given an inflated claim as is apparent from the papers filed by the Insurance Company. There are cuttings, manipulations in the bill etc. On facts, we are satisfied that there is no force in this appeal and the appeal is to be dismissed. ORDER The appeal is hereby dismissed. However, in the circumstances of the case, cost of the appeal shall be easy. Appeal dismissed.