MUSHIR-UDDIN URF BENNE vs New India Assurance Company Ltd.

THIS complaint has been filed by Mushir-Uddin @ Benne, s/o Sri Riaz Uddin with the prayer that the entire insured sum of Rs. 1,40,000/- for the motor vehicle (truck) bearing Registration No. USY 9635 with 18% interest with effect from 26.7.1989 and compensation, be decreed. On notice to the opposite parties, namely New India Insurance Company Limited through its Branch Manager, Delhi Gate, Gadh Road, Hapur, District Ghaziabad and the Divisional Manager of New India Insurance Company Limited, Meerut, have put in appearance and contested the matter. Since affidavits and evidences have been exchanged, the complaint has matured for final disposal. As prayed by Sri Mushir-Uddin, who is appearing in person and Mr. B.P. Dubey, learned Counsel for both the opposite parties, the complaint is being finally disposed of.

THERE is no dispute that the complainant Mushir-Uddin got his truck No. USY 9635 insured through the opposite parties for a sum of Rs. 1,40,000/- for which policy No. 3132110400898 was issued. When the said insurance was valid, a theft took place on 26.7.1989 and the truck was lost in that theft relating to which an F.I.R. was lodged at Police Station, Bithri Chainpur against Crime No. 84/1989 which was registered under Sections 379/428, IPC on 28.7.1989. The complainant intimated the opposite parties of the said theft through a registered letter dated 1.8.1989. The final report was filed by the police on 27.1.1990. The complainant''s case is that he was made to run from pillar to post but could not get the claim amount from the opposite parties. Hence he filed the complaint on 24.7.1992.

In the written statement the opposite parties have not contested the theft of the vehicle. They have, however, stated that the liability under the policy should be limited only to Rs. 1,14,500/-.

WHEN the case was taken up today, Sri Mushir-Uddin made a statement before the Commission that he would be fully satisfied if Rs. 1,14,500/- as suggested by the opposite parties is fixed as the insurance liability of the opposite parties for the said vehicle''s insurance policy issued to him. To that effect a note was prepared by Mr. B.P. Dubey on a paper in the proceedings before the Commission which has been signed by Sri Mushir-Uddin because he said that he cannot write himself the contents of the said note. The aforesaid note reads as under : "xxx xxx xxx xxx xxx xxx xxx " In view of what has been stated above, the entire claim amount is fixed at Rs. 1,14,500/- and interest at the rate of 9% with effect from the date of theft, i.e. 26.7.1989 upto date is rounded of to Rs. 1,45,500/-.

MR. B.P. Dubey has prayed for time to make the payment, if so directed. He also said that an indemnity bond may be executed by Sri Mushir-Uddin before the Registrar which will be sufficient guarantee for compliance of the decree as may be passed today. It may be pointed out that since the matter has become nearly 15 years old, no other document shall be insisted upon by the opposite parties and the indemnity bond shall be sufficient in safeguarding the interest of the opposite parties. The complaint consequently is allowed and is disposed of with the following directions : (1) The opposite parties shall prepare a bank draft payable to the complainant, Mushir-Uddin on Bank of Baroda, Kant, District Shahjahanpur as prayed by the complainant himself as per the endorsement on the said note. (2) The Registrar shall keep the note in a sealed cover with a corresponding endorsement in the file that the note shall be available with him under lock and key, and if and when demanded, it shall be produced.

(3) The complainant shall execute the indemnity bond lawfully before the Registrar on 23.9.2003 because it is on that date Mr. B.P. Dubey shall personally hand over the Bank Draft to the complainant before the Registrar. No other amount in any manner or form shall be payable to the complainant by the opposite parties relating to the aforesaid insurance policy for the said vehicle. Let copy as per rules be made available to the parties. Complaint allowed.