24/09/2014 - The reasons for delay in disposal of this appeal can be seen from the order sheet.
1. Heard, the parties on the point of limitation.
Thought the long delay of 347 day in filing this appeal has not been properly explained, we condone the delay in the interest of justice.
2. Mr. Bibhash Sinha learned counsel for the appellant assailed the impugned judgement on various grounds. He submitted that the Insurance Company/ the appellant rightly repudiated the claim on the ground that the vehicle was being used for commercial purposes which was beyond the scope of the policy. He further submitted that the claim was made after one and half year from the date of loss.
3. On the other hand, Mr. A.K. Lall learned counsel appearing for the complainant/respondent supported the impugned judgement and submitted that the learned Lower Forum has rightly allowed the claim to the extent of 75% of the insured amount on non-standard basis, as per the judgements of the Hon’ble Supreme Court and National Commission. He further submitted that there was no delay in lodging the Insurance claim.
4. After hearing the parties and going through the records, in our opinion no grounds are made out for interference with the impugned judgement. For violation of the terms of the policy, 75% of the insured amount has been rightly allowed. The learned Lower Forum has rightly held that there was no delay in lodging the insurance claim.
5. On this Mr. Bibhash Sinha submitted that the compensation of Rs. 50,000/- awarded by learned Lower Forum is very high. Mr. A.K. Lall on the other hand, submitted that the amount of compensation is reasonable.
6. In the facts and circumstances of the case we are inclined to reduce the amount of compensation from Rs. 50,000/- to Rs. 25,000/-. Only with this modification in the impugned judgement, this appeal stands disposed of.
The statutory amount be returned to the appellant within four weeks.
Issue free copy of this order to all concerned for information and needful.
Ranchi,
Dated:-24/09/2014
