Girdhari Lal Bansal vs ORIENTAL INSURANCE CO LTD

THE State Commission, Haryana vide their Order dated 8.7.93 in Complaint No. 92/92 directed the Oriental Insurance Company to pay a sum of Rs. 1,48,000/ - to Shri Girdharilal Bansal -Appellant herein alongwith interest at 18% per annum from 10th December, 1991 till the date of realisation as also costs of Rs. 2,000/ - only. Shri Girdharilal Bansal had insured his Swaraj Mazda Truck with the Oriental Insurance Co. for a sum of Rs. 1,50,000/ - and the said vehicle was involved in an accident on the 9th December, 1991 in Himachal Pradesh. Consequent upon this accident the Appellant herein lodged his claim with the Insurer.

WE need not go into details of the case as the only limited pointarg Ed before us was with regard to the non -settlement of the claim in terms of the order of the State Commission, Haryana. The learnEd Counsel for the Insurance Co. statEd that the payment as directEd by the State Commission, Haryana could not be made as the salvage has not been returnEd to them nor its value has been assessEd for the propose of dEduction from the amount to be paid to the insurEd . After hearing the arguments of the learnEd Counsel appearing on both sides, we direct that the amount of Rs. 1,48,500/ - shall be paid by the Insurance Company within two weeks from the date of receipt of our order by the Insurance Company. The amount of interest at the rate of 18% per annum from 10th December, 1991 till the payment of Rs. 1,48,500/ -, shall also be paid alongwith costs of Rs. 2,000/ - on the settlement of the salvage which should be done within a period of three months. Appeal allowEd with costs.