(Per: Justice B.C. Kandpal, President):

This is insurer’s appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 14.02.2011 passed by the District Forum, Tehri Garhwal in consumer complaint No. 13 of 2009. By the order impugned, the District Forum has allowed the consumer complaint and directed the appellant – insurance company to pay sum of Rs. 57,216/- to the respondent – complainant towards repair charges of the vehicle together with Rs. 2,000/- towards special damages and Rs. 1,000/- towards litigation expenses, in all, Rs. 60,216/- within a period of one month from the date of the order, failing which the respondent – complainant was also held entitled to interest @5% p.a. on the above amount from the date of filing of the consumer complaint.

2. Briefly stated, the facts of the case as mentioned in the consumer complaint, are that in the year 2007, the complainant had purchased a car (Maruti Alto 800 LX) bearing registration No. UK09-TA-0015. The said vehicle was insured with the opposite party – National Insurance Company Limited for the period from 31.10.2008 to 30.10.2009 at an IDV of Rs. 2,21,000/-. It was alleged that on 26.12.2008