Haryana

StateCommission

A/550/2015

RAMESHWAR - Complainant(s)

Versus

ORIENTAL INSURANCE CO. - Opp.Party(s)

AJAY SINGH GURAH

23 Jul 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

 

                                      First Appeal No.           550 of 2015

                                      Date of Institution:       29.06.2015

                                      Date of Decision:         23.07.2015

 

 

Rameshwar son of Mani Ram, aged 57 years, resident of Bhungla, Tehsil Loharu, District Bhiwani.

                             Appellant-Complainant

Versus

Oriental Insurance Company Limited, S.C.O No.73-74, Commercial Urban Estate, Red Square Market, Hisar through its authorized person.

                                      Respondents-Opposite Parties

 

 

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

                             Mr. B.M. Bedi, Judicial Member.

                             Mr. Diwan Singh Chauhan, Member.                                                                                 

Present:              Mr. Ajay Singh Gurah, Advocate for the appellant.

           

                                                   O R D E R

 

NAWAB SINGH J, (ORAL):

 

This complainant’s appeal is directed against the order dated May 07^th, 2015 passed by District Consumer Disputes Redressal Forum, (for short ‘District Forum’), Hisar.  The operative part of the order is reproduced as under:-

“6.     Resultantly, this complaint is hereby allowed, with a direction to the opposite party, to pay Rs.5103/-, to the complainant with interest @ 9% per annum from the date of the accident i.e. 21.6.2008, till payment.  Complainant is also hereby awarded compensation of Rs.5,000/- for his harassment, mental agony etc and litigation expenses of Rs.1100/- against the opposite party.”  

 

2.      Rameshwar-complainant got his motorcycle bearing registration No.HR18A-4508 insured with the Oriental Insurance Company Limited (for short ‘Insurance Company’).  During the subsistence of the insurance policy, the motorcycle got damaged in an accident. The surveyor, appointed by the Insurance Company assessed the loss at Rs.5103/-. The complainant sent the discharge voucher to the Insurance Company but did not receive the amount of Rs.5103/-.  Hence, the complaint.

3.      The complaint was accepted by the District Forum and issued direction to the Insurance Company as mentioned in paragraph No.1 of this order.

4.      Learned counsel for the appellant has urged that the amount of compensation awarded is on lower side and deserves enhancement.

5.      Indisputably, the motorcycle of the complainant got damaged in an accident and the surveyor assessed the loss at Rs.5103/-. In rebuttal thereto, no evidence was led by the complainant.  The District Forum directed the Insurance Company to pay Rs.5103/- alongwith interest at the rate of 9% p.a; Rs.5000/- as compensation and Rs.1100/- litigation expenses. This Commission is of the view that the appellant has been adequately compensated and no case for interference in the impugned order is made out.

6.      The appeal is therefore dismissed.

         

Announced: 23.07.2015

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

UK