D.M.UNITED INDIA INSURANCE CO. LTD. vs SUBASH SURI

THIS appeal is directed against an order passed by District Forum, Dehradoon. Aggrieved by the said order of the District Forum, Dehradoon, the Insurance Company has come up in appeal before this Commission.

THE dispute in this appeal relates to Bus no. UTT 7291 registered in the name of respondent. THE said vehicle was insured against risk for period between 6/5/1989 to 5/5/1990. THE truck in question met with an accident on 22/9/1989. It is further not in dispute that the claim of complainant for compensation was settled by compromise between the parties at a sum of Rs. 95,000.00, on 7th October 1989. It is further stated by the complainant that a sum of Rs. 50,000.00 was paid to him on 21st December, 1990 in part payment of compensation amount. It is also admitted that the salvage was left with the complainant for being sold. It was stipulated that salvage shall be left with the complainant for safe custody till it is sold. It is also admitted between the parties that the salvage was sold in 1991. THE controversy between the parties arise by an assertion made by the appellant that on the date of sale certain parts four in number were missing which are valued at Rs. 6,000.00. At the instance of the appellant a Surveyor was appointed who assessed the value of missing parts at Rs. 7,290.00. THE District Forum, Dehradoon has deducted Rs. 7,290/- from the balance amount of Rs. 45,000.00 to be paid by the appellant to the respondent. On this amount the District Forum, Dehradoon has awarded interest amounting to Rs. 12,000.00 we as indicated above. Aggrieved by the said order the Insurance Company came up in appeal before this Commission. Having heard the parties and having examined the records and merits of the case we agree with the District Forum, Dehradoon that a sum of Rs. 37,710.00 (being the balance amount is Rs. 45,000.00 minus Rs. 7290.00 as the assessed value of the said parts), is payable by the appellant to the complainant.

In the operative part of the orders of the District Forum, Dehradoon they have ordered that Rs. 50,000.00, be paid by the appellant to the complainant and that this amount is to include the amount of the claim, amount of interest and the costs. We modify this order of the District Forum, Dehradoon to the extent that in all Rs. 42,000.00 is to be paid by the appellant to the complainant latest by 31/12/1992 failing which an additional amount by way of interest on the said amount of Rs. 42,000.00 will also have to paid by the appellant to the complainant at a rate of 18% per annum for the period after 31/12/92 up to the date of actual payment.

THE appeal and the complaint are decided in the manner indicated above. Appeal decided order accordingly.