S.N.KAPOOR, B.K.TAIMNI
UNITD INDIA INSURANCE CO. LTD. – Appellant
Versus
GIAN SINGH – Respondent
Mr. B.K. Taimni, Member—Appellant was the opposite party before the State Commission, where the respondent/complainant had filed a complaint alleging deficiency in service on the part of the appellant.
2. Undisputed facts of the case are that the respondent/complainant owned a truck, which was covered by the risk through the policy issued by the appellant. The said truck met with an accident during the life of the policy. The matter was reported to the appellant as also to the police. The Surveyor was appointed, who after discussing it with the complainant, recommended the claim to be settled at Rs. 1,60,000 on cash-loss basis. Even this was not paid and the claim was repudiated by the appellant on the ground that the vehicle was carrying 12 unauthorised persons in the truck, in violation of the terms and conditions of the insurance policy. It is in these circumstances, a complaint was filed before the State Commission, who after hearing the parties, allowed the complaint and directed the appellant to pay Rs. 1,60,000 along with interest @ 18% p.a. from the date of filing of this complaint till the amount is actually paid to him. Aggrieved by this order this appeal has been fil
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