CHHATTISGARH STATE

CONSUMER DISPUTES REDRESSAL COMMISSION,

PANDRI, RAIPUR (C.G).

Appeal No.FA/2016/700

Instituted on : 03.12.2016

The Oriental Insurance Company Limited,

Branch Office – Near Railway Station,

L.I.C. Office Building, Rajnandgaon,

Tehsil & District Rajnandgaon (C.G.)

Through : Senior Divisional Manager,

The Oriental Insurance Company Limited,

Address : Divisional Office, Durg, Parmanand Bhawan,

Near Rajendra Park Chowk, G.E. Road,

Durg, Tehsil and District Durg (C.G.)

… Appellant/O.P.

Vs.

Bhupendra Singh Kanda,

S/o Late Shri Gurcharan Singh Kanda,

Aged about 55 years, Profession : Transporting Business,

R/o : Mohalla – Stationpara, Ward No.10 ,

City, Tehsil & District Rajnandgaon (C.G.). …Respondent/Complainant

PRESENT: -

HON’BLE JUSTICE SHRI R.S.SHARMA, PRESIDENT

HON’BLE SHRI D.K. PODDAR, MEMBER

HON'BLE SHRI NARENDRA GUPTA, MEMBER

COUNSEL FOR THE PARTIES: -

Shri L.K. Joshi, for the appellant.

Shri Pravin Mall, for the respondent..

O R D E R

Dated : 16 /02/2017

PER :- HON’BLE SHRI JUSTICE R.S. SHARMA, PRESIDENT.

This appeal is directed against the order dated 28.09.2016,

passed by District Consumer Disputes Redressal Forum, Rajnandgaon

(C.G.) (henceforth called "District Forum") in Complaint Case

// 2 //

No.26/2016. By the impugned order, the District Forum, has allowed

the complaint of respondent (complainant) and directed that :-

01. The O.P. will pay Rs.17,00,000/- (Rupees Seventeen Lakhs)

towards compensation to the complainant within a period of

one month from the date of order along with interest @ 6%

p.a. from the date of filing of the complaint i.e. 15.02.2016 till

date of payment.

02. The O.P. will pay Rs.10,000/- (Rupees Ten Thousand)

towards compensation for mental agony and Rs.2,000/-

(Rupee Two Thousand) towards cost of litigation to the

complainant within period of one month.

2. Briefly stated, the facts of the complaint of the complainant are

that the complainant is doing business of transporting and under the

above business he is loading goods through the transporting agent

and was carrying and bringing the goods to one place to another

place or one city to another city or one State to another State. As per

instructions of Baljinder Road Carrier, Baldev Bagh, Rajnandgaon

(Transporting Agent) on 30.03.2014, the complainant handed over his

truck bearing registration No.C.G.08-L-1629 to driver Lomesh

Mandavi to go to District Korba where Prabhdas Kishordas Tobacco

Product Private Limited will load 417 bags of Tendu leaves and the

same was to be delivered at to branch of Prabhudas Kishordas

Tobacco Products Pvt. Ltd. at Uppinangadi, Mangalore (Karnataka

State). On 30.03.2014 itself 417 bags of Tendu leaves were loaded in

truck bearing registration No.C.G.0-8-L-1629 and driver Lomesh

// 3 //

Mandavi was going to Uppinangadi, Mangalore (Karnataka State). On

01.04.2014 when the driver Lomesh Mandavi reached to Village

Karanja, Bhilai, Police Out Post Jevra Sirsa, District Durg, at 11.00 A.M.

the tendu leaves bags came into contact of electric wire, which was

loose and hanging below and due to current spread in the wire, the

tendu leaves bag caught fire. The Fire Brigade Department of the Steel

Authority of India Ltd., Bhilai Steel Plant has been intimated regarding

the same. Thereafter the fire brigade team tried their best to

extinguish the fire, but the fire could not be control and the tendu

leaves along with truck was fully burnt. The matter was reported to

Police Out Post Jevra Sirsa, where report was lodged. The copy of the

said report was sent to Sub Divisional Magistrate, Durg for necessary

action. The vehicle bearing registration No.C.G.08-L-1629 was insured

with the O.P.under Insurance Policy No.192502/31/2014/17831 for the

period from 29.01.2014 to 28.01.2015. Thus, on the date of incident i.e.

01.04.2014, the vehicle bearing registration No.C.G.

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