Haryana

StateCommission

A/639/2016

HARPREET SINGH - Complainant(s)

Versus

NATIONAL INSURANCE CO. - Opp.Party(s)

AMIT SINGLA

10 Aug 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :    639 of 2016

Date of Institution:    13.07.2016

Date of Decision :     10.08.2016

 

Harpreet Singh s/o Sh. Yadwinder Singh, Resident of Ward No.11, Khana Patti, Bhikhi Police Station, District Mansa.

                                      Appellant-complainant

Versus

 

1.      National Insurance Company Limited Branch at Sangwan Chowk, Sirsa, Tehsil and District Sirsa.

2.      National Insurance Company Limited, through its Deputy Manager, Regional office-II, SCO No.337-340, Sector 35-B, Chandigarh-160019.

                                      Respondents-Opposite Parties

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member   

 

Present:               Shri Amit Singla, Advocate for appellant.

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

         A jeep-Bolero bearing registration No.PB-31H-8242, owned by Harpreet Singh-complainant/appellant, was insured with National Insurance Company Limited (for short ‘the Insurance Company’)-Opposite Parties/respondents, for the period March 17^th, 2011 to March 16^th, 2012 vide Insurance Policy (Exhibit P7-A). The Insured Declared Value (IDV) of the jeep was Rs.6,32,100/-.

2.                On July 13^th, 2011 the jeep was stolen. F.I.R. (Exhibit P-2) was lodged in Police Station, Kavi Nagar, Ghaziabad. The Insurance Company was informed. The complainant filed claim with the Insurance Company but it did not pay the insured amount. Hence, complaint under Section 12 of the Consumer Protection Act, 1986 was filed before the District Consumer Disputes Redressal Forum, Sirsa (for short ‘the District Forum’).

3.                The District Forum, vide its order dated May 24^th, 2016 allowed the complaint and directed the Insurance Company to pay Rs.6,32,100-, that is, IDV of the vehicle, alongwith interest at the rate of 9% per annum from the date of filing of the complaint, that is, April 9^th, 2013 till its realization; Rs.10,000/- compensation for harassment and Rs.3,000/- litigation expenses.

4.                By filing this appeal the prayer made is to enhance the compensation awarded to the complainant.

5.                Indisputably, the jeep was insured for Rs.6,32,100/- and that amount has been awarded to the complainant alongwith interest @ 9% per annum from the date of filing complaint till its realisation. Besides, the complainant has been awarded compensation of Rs.10,000/- for harassment and Rs.3,000/- litigation expenses.

6.                In view of this, the amount awarded to the complainant is just, reasonable and there is no scope for enhancement of compensation. Hence, the appeal is dismissed.

 

Announced 10.08.2016

Diwan Singh Chauhan Member

B.M. Bedi Judicial Member

Nawab Singh President

CL