G. D. Gopal – Appellant
Versus
National Insurance Company Limited – Respondent
S.A. Kader, President - This is a complaint under Section 17 read with Section 12 of the Consumer Protection Act.
2. The Complainant is the owner of' Ambassador Tourist Taxi' bearing Registration No. PYT 1320. It was insured on 5.3.1990 with the Opposite Party No.2 for the period from 8.3.1990 to 7.3.1991 for a sum of Rs. 1,08,000/-. On 14.9.1990, the vehicle was engaged by 4 persons for a trip from Coimbatore to Madurai and on the way, the occupants tied the driver and threw him out and escaped with the vehicle. A police complaint has been given, but the vehicle has not been traced. The criminal prosecution has been launched against some persons. The Complainant preferred a claim before the Insurance Company and the Insurer asked the Complainant to furnish some details. The details were furnished, but the claim was not settled in respect of legal notice, dated 14.10.1992. Hence the complaint for recovering the policy amount of Rs. 1,08,000/- with interest thereon at 24% p.a., Rs. 2,40,000/- towards loss of earning, Rs. 25,000/- towards mental pain and agony and for costs.
3. The Opposite Parties pointed out that for the settlement of the claim, the Insured should furnish all pa
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