K.C.BHARGAVA, D.D.BAHUGUNA
NEW INDIA ASSURANCE COMPANY THROUGH ITS OFFICER INCHARGE – Appellant
Versus
N. K. SINGH – Respondent
Mr. D.D. Bahuguna, Member—This is an appeal against the judgment and order dated 1.6.1999 passed by District Consumer Forum-II, Lucknow in Complaint Case No. 983/98.
2. The facts of the case stated in brief are that the complainant got his car insured for Rs. 1,60,000/- on 15.10.1997 which was stolen on 18.11.1997. A sum of Rs. 1,40,000/- has been settled and paid by the Insurance Company on 9.3.1998. It is further alleged that hardly a sum of Rs. 1,000/- could have been deducted from the value of the car as the car was stolen only after one month of its purchase. The complainant has prayed for further amount of Rs. 19,000/-.
3. The opposite party in its written version has alleged that the Surveyor has recommended for payment of Rs. 1,60,000/- after making deduction of 10% amount. He also said that the market value of such a car is only 1,40,000/-. The complainant has accepted the payment of Rs. 1,40,000/- in full and final settlement and has already encashed the cheque.
4. The learned District Forum, after considering the case of the parties, came to the conclusion that the complainant is entitled to get sum of Rs. 21,000/- alongwith interest at the rate of 18% per annum. This
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