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FIRST ADDITIONAL BENCH
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PUNJAB, CHANDIGARH
First Appeal No.565 of 2019
Date of Institution : 28.08.2019
Date of Reserve : 09.02.2021
Date of Decision : 18.02.2021
The New India Assurance Co. Ltd., Old Court Road, Opp. P.S.
Sadar Mansa, Mansa through its Branch Manager.
Through its authorized officer Smt. Deep Shikha, Deputy Manager,
Regional Office, The New India Assurance Company Limited, SCO
36-37, Sector 17-A, Chandigarh.
….Appellant/Opposite party
Versus
Sanjeev Kumar aged about 48 years S/o Sh.Satish Kumar R/o
Village Dhanaula Khurd, Tehsil and District Barnala.
……Respondent/Complainant
First Appeal against the order dated
10.06.2019 of the District Consumer
Disputes
Redressal
Forum
(now
‘Commission’), Mansa.
Quorum:-
Mr. Rajinder Kumar Goyal, Presiding Member
Mrs. Kiran Sibal, Member
Present:-
For the appellant : Sh.R.K.Sharma, Advocate
For the respondent : Sh.L.S.Sidhu, Advocate
RAJINDER KUMAR GOYAL, PRESIDING MEMBER
This appeal has been preferred against the order dated
10.06.2019 passed by District Consumer Disputes Redressal
Forum, Mansa (now in short ‘District Commission’) whereby the
complaint filed by the complainant, under Section 12 of the
Consumer Protection Act, 1986 (in short ‘the Act’), was partly
allowed with Rs.10,000/- as costs. It was directed that complainant
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2
is held entitled to Rs.7,44,427.11 along with interest at the rate of
9% p.a. from the date of repdudiation i.e. 28.12.2016 till actual
realization. It would be apposite to mention hereinafter the parties
will be referred, as have been arrayed before the District
Commission.
Facts of the Case
2.
Brief facts, as averred in the complaint are that the
complainant is the owner of ‘Benz’ Truck bearing registration
No.PB-19-H-9004 and is doing transport business, the only source
of his livelihood. The complainant purchased a policy bearing
No.36060231150100006862 by paying a premium of Rs.40,295/-
for the vehicle, valid from 15.01.2016 to 14.01.2017. The truck was
going from IOL Chemicals and Pharmaceuticals Ltd., Barnala to
Tongi, Gazipur (Bangladesh), on 20.04.2016 at about 5:00 a.m.
when the truck reached near Railway crossings of Jagdishpura
town, then its driver Rajvir Singh while saving the truck from the
truck coming from the front side, turned turtle towards right side
and vehicle got damaged and the chemicals loaded therein also
damaged. On 21.04.2016, the complainant gave intimation to the
police station Jagdishpura. An intimation was also given to the
opposite party, who deputed Sh.R.K.Varunwal, Surveyor and Loss
Assessor, who conducted the spot survey and assessed the loss
as ‘Total Damage’. On advise of the opposite party, the
complainant shifted the truck to Bhucho by spending a sum of
Rs.93,000/-. The repairs were also got done by the opposite party
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3
at Service Station of Globe CV Private Limited, Bathinda. Then, the
final survey of the vehicle was conducted by Sh.Arun Kumar,
Surveyor, appointed by the opposite party. The complainant spent
Rs.12,88,573/- for the repairs of the vehicle and also re-inspection
was done by the surveyor. The claim was submitted by the
complainant along with all the required documents and bills. On
15.09.2016, the opposite party demanded copy of permission
received from competent authority for carriage of chemical goods
and then the training certificate issued by National Engineering
College in the name of Rajvir Singh, driver, vide which he had
taken three days refresher training for safe transportation of the
Hazardous goods. The opposite party raised an objection that the
vehicle was carrying hazardous goods, whereas the vehicle was
carrying chemical duly packed by Manufacturer Company in a
proper handling and transporting manner. Vide letter dated
28.12.2016, th
