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STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA
First Appeal No : 1273 of 2016
Date of Institution: 27.12.2016
Date of Decision : 11.08.2017
United India Insurance Company Limited, 323/21, Delhi Road, Jawahar Market, Rohtak, Tehsil and District Rohtak, through its duly constituted attorney Shri Parveen Kumar Gupta, Deputy Manager.
Appellant-Opposite Party
Versus
Balwan Singh s/o Sh. Ram Kishan, Resident of House No.1355, Village Hassangarh, Tehsil Sampla, District Rohtak.
Respondent-Complainant
CORAM: Hon’ble Mr. Justice Nawab Singh, President.
Mr. Balbir Singh, Judicial Member.
Argued by: Shri P.S. Saini, Advocate for appellant.
Shri Balwan Singh-respondent in person.
O R D E R
BALBIR SINGH, JUDICIAL MEMBER
United India Insurance Company Limited-Opposite Party, is in appeal against the order dated October 26th, 2016 passed by District Consumer Disputes Redressal Forum, Rohtak (for short ‘the District Forum’) whereby complaint filed by complainant-Balwan Singh (respondent herein) seeking compensation with respect to his Ape Auto Rickshaw D35, which was damaged in an accident during the subsistence of the Insurance Policy, was accepted directing the Insurance Company as under:-
“….it is observed that opposite party shall pay the claim amount of Rs.50500/- (Rupees fifty thousand five hundred only) along with interest @ 9% p.a. from the date of filing the present complaint i.e. 08.12.2015 till its actual realization and shall also pay a sum of Rs.5000/- (Rupees five thousand only) as litigation expenses to the complainant maximum within one month from the date of decision failing which the awarded amount shall carry further interest @ 12% p.a. from the date of decision.”
2. Balwan Singh-complainant, got his newly purchased Ape Auto Rickshaw D35, bearing registration No.HR-46D-4472, insured with United India Insurance Company Limited (for short ‘the Insurance Company’)-Opposite Party (appellant herein) vide insurance policy No.1112003114P103895059 (Exhibit C-2) regarding the period from August 26th, 2014 to August 25th, 2015 mentioning the Insured Declared Value as Rs.1,60,000/-. During subsistence of the insurance policy, the vehicle met with an accident near Village Naya Bans, Tehsil Sampla, District Rohtak, Haryana on April 30th, 2015 and was badly damaged. The complainant was driving the vehicle at the time of accident. Regarding this accident, F.I.R. No.0194 (Exhibit C-3) under Sections 279,337,427 of the Indian Penal Code was lodged on May 02nd, 2015 in Police Station Sampla. Intimation was also given to the Insurance Company. The damaged vehicle was taken to Shiv Motors, Rohtak where estimate of total cost of repair was prepared mentioning it as Rs.75,759/-. The Insurance Company also appointed surveyor namely Karamvir Singh Malik, who assessed the total loss caused to the vehicle as Rs.50,500/- vide report dated June 01st, 2015 (Exhibit R-8). The complainant submitted insurance claim along with documents to the Insurance Company but the Insurance Company did not pay the benefits of insurance to the complainant. Hence, the complainant filed the instant complaint under Section 12 of the Consumer Protection Act, 1986 seeking direction to the Insurance Company to pay an amount of Rs.75,759/- spent by the complainant for repair of the vehicle, with interest at the rate of 18% per annum; an amount of Rs.1.00 lac on account of un-necessary harassment and mental agony and an amount of Rs.11,000/- as litigation expenses.
3. The opposite party-Insurance Company in its written version has taken plea that the complaint of the complainant is not maintainable in the present form and that the claim of the complainant is pre-mature. It is s
