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SURJIT SINGH, VIJAY PAL KHACHI
Shriram General Insurance Company Limited – Appellant
Versus
Ram Swaroop, Son Of Shri Nand Lal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Jagdish Thakur, Advocate.
For the Respondent:Mr. Anil Tomar, Advocate.

ORDER :

Surjit Singh, President - Appellant has preferred this appeal against the order dated 18.04.2016, of learned District Consumer Disputes Redressal Forum, Shimla, whereby a complaint, under Section 12 of the Consumer Protection Act, 1986, filed against the appellant, by respondent, Ram Swaroop, has been allowed and a direction given to it, to pay a Shriram General Insurance Co. Ltd. v. Ram Swaroop sum of Rs. 68,835/- on account of insurance claim, with interest at the rate of 9%, per annum, and also to pay Rs. 20,000/- as compensation and Rs. 10,000/- on account of litigation expenses.

2. Respondent owned a truck, which was insured with the appellant, for the period from 11.01.2012 to 10.01.2013. On 20th April, 2012, the insured truck met with an accident and was extensively damaged. According to the respondent, loss caused was to the tune of Rs. 2,84,425/- . Appellant was apprised of the accident. Surveyor deputed by the appellant, assessed the loss at Rs. 68,835/-. Appellant, however, repudiated the claim on the ground that five persons were on board the vehicle, at the time when accident took place, whereas sitting capacity of the vehicle, was only 'three', including the dri

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