SANT KANWAR RAM CHARITABLE TRUST vs DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO.LTD

THIS complaint relates to the deficiency in the service of the opposite party, New India Assurance Co. Ltd. The complainant is a Charitable Trust and was having an Ambulance for the use of the Hospital. The Ambulance was having the Registration No. MGS-82. The said Ambulance was insured with the opposite party and the policy was valid between 165.1985 to 155.1986, bearing No. 41661011132. While a patient was being taken to Nagpur for treatment on 3.5.1986, the said ambulance was involved in a road accident. The Insurance claim of the said vehicle was lodged with the opposite party with the estimate of repairs obtained from M/s. Satish Motors for Rs. 85,787.00. Thereafter, the complainant trust continuously visited the office of the opposite party and entered into prolonged correspondence. Yet, till the filing of the complaint, the claim in question has not been settled in terms of the Insurance Policy. The complainant alleged that the Commissioner for Workmens'' Compensation at Amravati, granted the claim of the Driver of the ambulance, who died in that accident. According to the complainant, the opposite party impliedly admitted his liability and now has been dragging its feet for not settling the claim. The complainant, therefore, alleged that there has been serious deficiency in the service of the opposite party for not settling the claim within the reasonable time and hence, this claim of Rs. 85,787.00 towards the paid repair-charges and interest therein - totalling to Rs. 1,96,407.00.

IN response to the notice sent by this Commission under Section 13 of the Consumer Protection Act, the opposite party did not appear before this Commission and also did not file written version. The notice of this Commission under Section 13 of the Consumer Protection Act was received by the opposite party at its Amravati office on 5.2.1993 and an acknowledgement having received the notice is placed on record. The notice was served by hand-delivery. On the date of hearing, i.e. on 13.4.1993, till 3.30 p.m., none appeared for the opposite party. Hence, we proceeded ex-parte against the opposite party. We have heard Shri Kalantri, Advocate for the complainant. We have gone through the allegations made in the complaint and also perused the relevant documents. The complainant has filed its affidavit in support of his allegations. The complainant has thus proved his allegations. It is apparent that the opposite party delayed the settlement of the complainant''s claimsince 3.5.1986 for some or other reason, which is not justified. Hence, we allow this complaint and pass the following order:- ORDER The complaint is allowed. The opposite party New India Assurance Co. Ltd., through its Amravati office, is directed to settle the complainant''s claim for Rs.85,787/-, together with interest @ 18% per annum from 1.7.1986 till the payment is made. The claim be settled within 30 days from the date of receipt of this order. The rest of the complainant''s claims are rejected. Complaint allowed.