The United India Insurance Company has filed the present appeal under section 19 of the Consumer Protection Act, 1986 against the order dated 29.01.2014 of the Rajasthan Consumer Disputes Redressal Commission at Jaipur, hereinafter referred as the “State Commission” passed in Complaint No. 01 of 2008 whereby the State Commission allowed the complaint of the complainant/respondent by giving direction to the appellant insurance company to pay a sum of Rs. 39 Lakhs (Rupees Thirty Nine Lakhs) as against the insurance claim to the complainant with interest @ 9% w.e.f. 1.1.2008 alongwith Rs.1 lakh as compensation for mental agony and other expenses.

2. The brief facts of the case are that the respondent/complainant purchased one hydraulic escavator, LZ&T PC-200-6 from the company M/s. Larsen & Toubro Ltd. at the price of Rs.47,42,000/-. The above machine was duly insured by the appellant insurance company to the extent of Rs.47 lakhs. The above hydraulic machine while working at the mines met with an accident on 21.08.2007 loosing grip underneath on the rock slipped and toppled to one side and got totally damaged. The respondent/complainant submitted two quotations of M/s. J.E. Enter