15/10/2014- 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.
2. Mr. N.P. Choudhary fairly submitted that he has got no objection to condoning the delay of about 72 days.
3. Accordingly the delay in filing this appeal is condoned.
4. Heard the parties on merit.
Mr H.K. Singh learned counsel appearing for the appellant/insurance company submitted that the complainant/ respondent did not deposit the Driving License and therefore the claim was repudiated.
5. Mr. Choudhary learned counsel appearing for the complainant on the other hand supporting the judgment under appeal submitted that this was a case of theft of Motorcycle and therefore the insurance claim was wrongly repudiated on the ground of non-supply of Driving License.
6. When I expressed that on such ground the claim could not be repudiated, Mr. Singh alternatively submitted that in the judgment under appeal, compensation of Rs. 25,000/- and Rs. 50,000/- for harassment has been awarded which is on very higher side.
On this, Mr. Choudhary on behalf of the complainant, fairly submitted that whatever compensation is found reasonable by this forum, may be awarded.
7. In the facts and circumstances of this case, the judgment under appeal is modified to the following extent.
8. The appellant/Insurance Company is held liable to pay Rs. 67,006/- (Rs. 42006 being the insured amount of vehicle and Rs. 25,000/- as compensation for harassment, mental agony and litigation cost). The statutory amount deposited by the Insurance Company (Rs. 25,000/-) be paid to the complainant/respondent within four weeks. The appellants/insurance company is directed to pay the balance amount i.e. Rs. 42,006/- to the complainant within 60 days of this order, failing which the appellant will be further liable to pay simple interest @ 15% per annum on this amount from the date of this order till the date of payment realization.
9. With these observations and directions this appeal stands partly allowed.
Issue free copy of this order to all concerned for information and needful.
Ranchi,
Dated:-15-10-2014