ORDER

Per: Justice B.S. Verma, President (Oral):

            This appeal, under Section 15 of the Consumer Protection Act, 1986, is directed by the appellant against the order dated 06.04.2015 passed by the District Forum, Rudraprayag in consumer complaint    No. 08 of 2013; Sh. Rakesh Rawat vs. The Oriental Insurance Co. Ltd.

2.       Briefly stated the facts of the case, giving rise to appeal, are that the complainant-Sh. Rakesh Rawat filed a consumer complaint before the District Forum alleging therein that he was the registered owner of Truck No. UA07-C-8350, which was insured with The Oriental Insurance Co. Ltd. for the period from 31.01.2011 to 30.01.2012.  The said truck met with an accident on 24.04.2011 at about 11:00 p.m.at Kunda Dhankot, District Rudraprayag.  The F.I.R. of the said accident was lodged with the P.S. Chopta Jakhni.

3.       The consumer complaint was contested by the opposite party by filing written statement, wherein it was pleaded that at the time of accident, one unauthorized person namely Sh. Deepak Purohit was also travelling in the vehicle.  That the respondent has committed breach of the terms and conditions of the insurance policy.  Therefore, the claim was rightly repudiated and there is no deficiency in service on their part. Even though the District Forum has allowed the consumer complaint and directed the appellant-insurance company to pay compensation of Rs. 4,50,000/- to the respondent together with interest @ 7% per annum. Therefore, this appeal has been filed by the appellant-insurance company.

4.       Learned counsel for the appellant-insurance company has filed a document (paper No. 23) alongwith appeal, wherein respondent-complainant has given a consent letter dated 30.06.2012 to the appellant-insurance company, wherein complainant agreed on amount of Rs. 3,23,500/- and also agreed to keep the damage vehicle.  The said amount was calculated net of salvage value basis and agree to keep damaged vehicle.

5.       Learned counsel for the appellant-insurance company, during course of the arguments, has urged that if the respondent is ready to accept the said amount, then the appeal may be partly allowed for the same amount.

6.       Learned counsel for respondent has agreed and made submission before this Commission that his client is agreed to accept the same amount as mentioned in the Draft Consent Letter Value Net of Salvage Basis dated 30.06.2012, i.e. Rs. 3,23,500/-. 

7.       In view of statement made by the counsel for the parties, the appeal is partly allowed and the impugned order dated 06.04.2015 is modified accordingly.  The appellant-insurance company is directed to pay to the complainant-respondent a sum of Rs. 3,23,500/- alongwith interest @ 7% per annum within a period of 30 days from the date of order.  No order as to costs.  After the payment made to the respondent by the appellant, the amount deposited by the appellant at the time of filing the appeal, i.e. Rs. 25,000/-+Rs. 2,00,000/-= Rs. 2,25,000/- (Two Lacs Twenty Five Thousands Only) shall be released in favour of the appellant.