S.K.M.LODHA, DAMODAR THANVI
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
MAHAVEER OIL INDUSTRIES – Respondent
Mr. Justice S.K.M. Lodha, President—Being dissatisfied with the order dated 3.4.91 passed by the District Forum, Jaipur in Complaint Case No. 819/90, the opposite party (insurer) has filed this appeal under Sec. 15 of the Consumer Protection Act, 1986 (“the Act” herein). The District Forum by the impugned order directed the opposite party-insurer to make payment of Rs. 69,000/- together with interest from 2.2.90 @ 12% p.a. and incase the amount is not paid within one month the opposite party insurer was made liable to pay interest @ 18% p.a. A sum of Rs. 1,000/- was awarded as costs. Facts leading to this appeal are these :
2. The complainant-insured is a registered owner of vehicle No. RNG 2116. He got his vehicle insured under a comprehensive scheme and paid the premium under different heads. Policy No. 31/11/125589 which was valid froml3.10,89 to 12.10.90was issued. It is said that on 2.12.89 the vehicle after being filled with vegetables left Niwai for Delhi. When it reached 3 km. south of Shahpura, from the opposite side another truck PAC8975 which was coming from Delhi dashed against the complainant’s vehicle. As a result of which the complainant’s vehicle was completely
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