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Tribunals and Commissions(1999) 05 NCDRC CK 0090

RAVI INDER SINGH BHALLA vs ORIENTAL INSURANCE COMPANY LIMITED

National Consumer Disputes Redressal Commission · Decided on 10 May 1999 · Citation: 1999 0 CTJ 519 : 1999 2 CLT 38 : 1999 2 CPC 195 : 1999 2 CPJ 655

HON’BLE JUDGES
J.B.Garg , P.K.Vasudeva , Devinderjit Dhatt J.
RESULT
Appeal allowed

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Judgment

2 paragraphs · 367 words
1.

THE complainant owned motor car No. CH-01-F0077 and it was insured for the period 14.11.1992 to 13.11.1993. THE motor car met with an accident on 18.12.1992. THE complaint seeking compensation from Oriental Insurance Company Limited, has been dismissed by the District Forum-II, Chandigarh on 10.2.1999. Aggrieved against it, the present appeal has been preferred.

2.

THE complainant-Ravi Inder Singh Bhalla undoubtedly owned Maruti motor car No. CH-01-F0077. It was insured with the respondent for the period in question for the sum of Rs. 1,03,000/-. THE road accident took place after one month and 4 days of the commencement of the insurance policy i.e. 18.12.1992 at 8.00 p.m. near Kharar while the appellant was returning to Chandigarh. It certainly met with an accident and the loss was hundred percent. THE extent and quantum is not disputed. In the complaint it was alleged that the motor car struck against a tree but in the affidavit of the complainant, it was mentioned that it had struck against a truck, which ran away. It is not disputed that the motor car was brought in a damaged condition to "Mohali Motors", authorised Service Station of Maruti motor cars, where it continues lying. THE mere fact that no F.I.R. was lodged or that the complainant did not obtain any medical aid could not be a ground for rejection of the claim. THE mere fact that there was break in the insurance for a short earlier period could not be a factor which should go against the appellant, especially when he has explained that for some time he was out of the country. THE Job Card No. 1555 dated 20.12.1992 was also produced before the Surveyor, who inspected the damaged vehicle as well. After considering all these facts, we hold that the factum of accident of the vehicle, it was fully insured, it was a case of total loss is well established and the respondent-Oriental Insurance Company was deficient by ignoring it. The appeal succeeds and it is ordered that the respondent-Oriental Insurance Company Limited shall pay a sum of Rs. 90,000/- together with interest @ 12% to the appellant w.e.f. 17.4.1998 (the date of restoration of the complaint) till realisation. Appeal allowed.