BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION-
HYDERABAD.
FA.NO.1893 OF 2005 AGAINST C.D.NO.547 OF 2005 District Forum-I, Hyderabad.
Between-
1. M/s.National Insurance Co. Ltd.,
Rep. by its Branch Manager
2nd floor, 16-11-477/6/1m
Dilsukhnagar, Hyderabad.
2. M/s.National Insurance Co. Ltd.,
Hyderabad Divisional Office No.IV
Twin cities Complex, M.J.Market
Hyderabad. Appellants/
Opp. parties 1 and 2
And
Mohammed Mastan Ali, S/o.Mohd.Jaffar Ali
Aged about 32 years, Indian
Occ-Self Employee, R/o.H.No.8-2-608/27
Road No.10, Banjara Hills, Hyderabad. Respondent/
Complainant
Counsel for the Appellants - M/s.P.Phalguna Rao
Counsel for the Respondent-Mr.S.Subrahmanya Reddy
QUORUM-THE HON’BLE SRI JUSTICE D.APPA RAO, PRESIDENT
AND
SMT.M.SHREESHA, MEMBER
MONDAY, THE ELEVENTH DAY OF AUGUST,
TWO THOUSAND EIGHT.
Oral Order - (Per Smt.M.Shreesha, Hon’ble Member)
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Aggrieved by the order in C.D.No.547/2005 on the file of District Forum-I, Hyderabad, opposite parties 1 and 2 preferred F.A.No.1893/2005 and the complainant preferred F.A.No.177/2006. Since both the appeals arise out of a similar order, they are being disposed of by a common order.
The brief facts as set out in the complaint are that the complainant is a self employee, who owned a tanker bearing No.AP-12-T 7347 TATA and running the same for transportation of diesel of Government Oil Companies to eke out his livelihood. He obtained an insurance policy bearing No.551702/31/04/6300632 from opposite party No.1 for Rs.3,03,750/- for a period of one year from 12-6-2004 to 11-6-2005 by paying a premium of Rs.12,062/-. He also obtained another insurance policy bearing No.551702/46/04/9700007 for a sum of Rs.3,50,000/- for the stock being carried in the vehicle under the traditional business policy by paying a premium of Rs.5,710/- towards premium for a period of one year w.e.f. 12-6-2004 to 11-6-2005. The opposite parties have to indemnify the loss occurred to the running stock in the tanker and also reimburse the value of the said stock lost due to accident during transportation. The complainant submitted that while the tanker was carrying diesel oil, it met with an accident on 2-3-2005 around 12.30 a.m. at the distance of 1 km from Kalwakurthy as a result of which the diesel spilled on the ground and there was heavy loss and extensive damage caused to the vehicle. The complainant informed the said fact to the opposite parties on 2-3-2005 and requested to depute spot surveyor or valuer for stock and vehicle inspection. A criminal complaint was also registered vide F.I.R. bearing 32/2005 dated 2-3-2005 at P.S.Kalwakurthy. Opposite parties deputed surveyors, Mr.K.S.N.Murthy, Dr.Krishna Murthy and Srinivas Rao for assessing the loss to stock and damage caused to the vehicle, who inspected on 3-3-2005 and on subsequent dates and assessed the loss caused to the vehicle and stock and submitted their reports. The complainant submitted that since the entire stock of diesel was spilled on the ground, there is no possibility to salvage the stock and as such the entire stock of diesel worth Rs.3,41,962.25 has been lost in the said accident and since the vehicle met with an accident, the complainant entrusted the vehicle to M/s.Afsar Mechanical Works for carrying out repairs, who gave a quotation for Rs.3,40,150/- for carrying the repairs on 7-3-2005 and the complainant incurred the said expenditure for carrying the repairs to the vehicle and also sustained a loss of the stock to the worth of Rs.3,41,962.25/- and claimed Rs.6,45,712.25 under both the policies. As there was delay in settling the claim, the complainant addressed
