SHYAMLAL AGARWAL vs United India Insurance Co. Ltd.

THIS appeal is directed against the order dated 8.6.1999 passed in Case No. 364/1995 by the District Consumer Disputes Redressal Forum, Bhopal (for short the "District Forum"), whereby the complaint for deficiency in service in not making the payment of the own damage claim of the truck bearing Registration No. M.B.C. 8188 comprehensively insured for the period from 29.10.1992 to 28.10.1993 met with an accident on 6.10.1993 in head on collusion by the truck coming from the opposite direction, was dismissed holding that the complaint involves complex issue whether Shyamlal Agarwal or Sunil Kumar, was driving the vehicle which requires an elaborate enquiry, hence dismissed the complaint.

AFTER hearing learned Counsel for the parties and on reappraisal of evidence on record, we find that the Insurance Company on the basis of the report of the Investigator, Mr. M.P. Tiwari supported by his affidavit repudiated the claim holding that Sunil Kumar was driving the vehicle at the time of accident, who was not holding a driving licence. On the other hand, in the First Information Report lodged at the Police Station, Ashta, the name of the driver is Shyamlal Agarwal, who was holding a valid licence. AFTER investigation, the challan was filed against the appellant Shyamlal Agarwal under Sections 279 and 337 of the Indian Penal Code wherein he admitted the charge. The Judicial Magistrate, First Class, Ashta vide judgment dated 29.9.1994 in Criminal Case No. 579/93 gave benefit of Section 360 of the Code of Criminal Procedure passed the order of sentence to pay fine Rs. 200/- under Section 279 and also Rs. 200/- under Section 337 of the I.P.C. In the circumstances, on the basis of the documents of the Criminal Court and on the face of the material on record wherein the statements were also recorded of which the certified copies have been filed, in our opinion, the District Forum erred in relegating the appellant to Civil Court. In the circumstances, we are of the view that at the relevant time, Shyamlal Agarwal was driving the truck, who was holding a valid licence, therefore, the appellant was entitled to the amount of Rs. 42,945/- as assessed by the Surveyor Mr. Amarnath Akhand, vide report dated 17.1.1994. At this stage, learned Counsel for the respondent submitted that the Insurance Company bonafidely on the material collected repudiated the claim. The District Forum also after appreciation of evidence adduced by the parties, relegated the complainant to Civil Court. The complaint was filed on 8.11.1995 was decided by the District Forum on 8.6.1999, the appeal of which has come up for final hearing today, therefore, the interest be not awarded.

Considering the circumstances and the fact that the delay in disposal of the case cannot be attributed to the Insurance Company, the ends of justice would meet if the interest is ordered to be paid on the amount of Rs. 42,945/- at the rate of 12 per cent per annum from the date of the order of the District Forum i.e. 8.6.1999, which shall be paid to the appellant within a period of two months from the date of receipt of certified copy of this order.

IN the result, the appeal is allowed. The order of the District Forum is substituted as indicated hereinabove. IN the circumstances, the INsurance Company shall also bear the costs throughout which are quantified at Rs. 1,000/-. A copy of this order be conveyed to the parties and a copy be sent to the District Forum along with the record of the case. Appeal allowed.