(Against the order dated 09.03.2016 in complaint case no. 183 of 2013 passed by the District Forum, Muzaffarpur)

16.11.2017

                   Appellant is present. On behalf of the respondent no. 2 and 3 written notes of argument is filed.

Heard learned counsel for the appellant and respondent no. 2 and 3. Appellant assails the order on the ground that the insurance claim was rightly repudiated since the vehicle in question was found with overload. The District Forum however considering the aforesaid aspect of the matter that there is no material on the record that the vehicle was overload as such repudiation was not justified in law.

Learned counsel for the respondent no. 2 and 3 are present.

We have considered the matter and submissions of the respondents. Perused the impugned order. It would appear that the surveyor after deprecation has assessed to the tune of Rs. 1,13,387/- and after making dedication recommended the payable amount to tune Rs. 99,900/- we direct the appellant to pay the entire amount assessed by the surveyor in its report dated 15.07.2013 (Annexure-3) with interest @7% P.A from the date of surveyor report dated 15.11.2013 with compensation including litigation cost of Rs. 20,000/- as awarded by the District Forum. this amount be paid within a period of 2 months from receipt/production of certified copy of the present order.

This order is modified as above.

The appeal stands partly allowed.

 Member (M)                                                                           President

Mukund