SUSHIL KR. RAHA vs Oriental Insurance Co. Ltd.

THIS is complainant''s appeal against the order of the Forum directing him to pay a cost of Rs. 100/- to the opposite party for bringing a vexatious and frivolous action.

THE fact involved in the case is very short. THE complainant had taken out a policy with the opposite party for a sum of Rs. 5,000/- against theft of household personal baggage. He was travelling by train from Bombay to Howrah. At the time of alighting he noticed that his brief, case was missing. He lodged a diary with the GRPS at Howrah Station. Since the household personal baggage was covered by an insurance policy for the sum of Rs. 5,000/-, he lodged a claim with the Insurance Company for the sum of Rs. 7,178/-. THE latter settled the claim at Rs. 1,463/- but being dissatisfied with the amount of compensation he has brought this action against the Insurance Company. The case was contested by the Insurance Company. It was not disputed that the complainant had insured house hold personal effects belonging to him and to the members of the family permanently residing with him. The property which was insured was household property and it was insured against the theft of such property from the house of the complainant. The Forum noticed that it was difficult to accept the case of the complainant to the effect that the insurance covered of household personal effects contends to the luggage carried in train by the complainant. It is of course true that the personal baggage of the complainant was insured for Rs. 5,000/-. There is nothing in detail to indicate as to what articles were included in such personal luggage. He alleges that during journey he lost the briefcase in train, but there is nothing to show that the briefcase was a part of his personal luggage. Nor has the complainant proved the contents of the briefcase. The Forum has considered every aspect of the matter and was of the view that the case of the complainant was not tenable. We are in the agreement with the views taken by the Forum and find that the complainant has brought this action by making a claim which is frivolous and vexatious. The Insurance Company has however, settled the claim at Rs. 1,463/-. In our view that the complainant ought to have been satisfied with the amount of compensation awarded by the Insurance Company but he did not stop at that and has preferred this claim only to get more money from the Insurance Company.

The Forum concluded that this was a fit case where the provision of Section 26 should be invoked. We think that the Forum has rightly awarded cost of Rs. 100/- against the complainant. In our view the judgment needs no interference and the appeal is dismissed. The judgment of the Forum is affirmed. Appeal dismissed.