NATIONAL INSURANCE CO. LTD. Vs. SWARNA SONI

JUDGEMENT

(1.) This appeal is directed against the order of the District Forum, Kangra at Dharamshala, dated 1.11.1999, whereby the appellant -Insurance Company has been directed to pay to the respondent Rs. 4,00,000/ - with interest @ 12% per annum with effect from 2.8.1999 i.e., the date of filing the complaint till the date of payment. Apart from this amount, the appellant has also been burdened to pay Rs. 25,000/ - as compensation to the respondent as well as Rs. 1,000/ - as litigation expenses. Hence, the appeal.

(2.) The respondent filed the complaint on the plea that she was owner of the truck bearing Registration No. HP -39 -3381. The said vehicle was insured with the appellant -Insurance Company from 13.5.1997 to 12.5.1998 for a sum of Rs. 4,00,000/ -. One Shri Jindu Ram was employed by her as a driver to drive the said vehicle, who was having a valid and effective driving licence for that purpose. On 10.10.1997, the said truck fell into a gorge known as Bijni Nallah', as a result of which, it was completely damaged beyond repair. The said accident also resulted in the death of the driver Shri Jindu Ram. The FIR (copy Ex. PD) was lodged in respect of that accident at Police Station Sadar, Mandi. The respondent had also informed the Branch Manager of the appellant -Insurance Company regarding the said accident, who was requested to indemnify the respondent for loss of the truck to the extent of the amount of insurance i.e., Rs. 4,00,000/ -.

(3.) According to the complaint of the respondent, the appellant -Insurance Company had got conducted a survey, as a result of which the estimated cost for repairs of the damaged truck was assessed at Rs. 4,93,236/ -. The case of the respondent further was that she had spent Rs. 11,000/ - for salvage of the truck from the place of the accident. The Branch Manager of the appellant -Insurance Company was requested time and again by her to settle her claim, but to no avail. Hence, her complaint on the ground of loss of truck as well as mental agony suffered by her for non -settlement of her claim by the appellant.