No. 6/10.09.2010. HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT. Appellant through Mr. D. K. Mukherjee, the Ld. Advocate and Respondent through Mr. P. Banerjee, the Ld. Advocate along with Mr. Prosenjit Mitra, the Ld. Advocate are present. Both sides file BNA. This appeal is by the insured against the judgement and order dated 16.11.2009 passed by the D.C.D.R.F., Kolkata, Unit – II in Case No. CDF/Unit-II/C.C.No.294 of 2004. The brief facts giving rise to the above complaint case are as follows : The Complainant purchased one secondhand Tata Diesel Truck bearing No. WMK 3302 from the Registered Owner by a deed of purchase allegedly at a consideration of Rs.2,67,000/-. The transfer was compled on 16.10.1996 and the Insurance Policy in respect of the said vehicle for the period from 19.12.1995 to till 18.12.1996 was transferred in favour of the Complainant. The said vehicle was given on hire to one transporter who utilized the same for its user during the night of 2nd and 3rd October, 1996 while the vehicle was hijacked by the miscreants. The Complainant after having come to know of such fact lodged FIR to Santipur Police Station on 03.12.1996 itself under Section 394/302/201 IPC. A similar complaint was also lodged at the local Maniktala Police Station on 05.12.1996 at the place of residence of the Complainant. Upon investigation the police submitted a final report at the Court of Magistrate informing that the stolen vehicle could not be recovered. The Complainant obtained the certified copy of the said final report and submitted her claim with the Insurance Company for the same on 18.01.2000 along with all relevant documents. Unfortunately the said claim was repudiated by the Insurance Company on 16.10.2001 on the ground of submission of delayed claim. Hence the aforesaid complaint case by the Complainant before the District Forum. Upon contested hearing the District Forum has come to the finding that the ground of repudiation of the claim by the Insurance Company was unlawful as the Insurance Company failed to consider the fact that although the final report was submitted by the Police before the Magistrate on 13.11.1998, but the Complainant had the knowledge of the same only on 18.01.2000 and on that very date the Complainant submitted her claim with the Insurance Company. Upon such finding the District Forum has allowed the claim case by directing the Insurance Company to settle the claim of the Complainant after determining the amount payable in terms of the Policy on the basis of IDV of the vehicle subject to production of all relevant documents by the Complainant in that regard within sixty days from the date of the said order. Surprisingly the Complainant has come up against the said order in this appeal and not the insurer. In course of hearing of this appeal it has only been urged on behalf of the Appellant that the value of the vehicle on the date of insurance should be taken as Rs.2,67,000/- at which it was purchased by the Complainant. We are not convinced by such contention on behalf of the Appellant. The Appellant, before the District Forum did not produce the Money Receipt by which the said vehicle was purchased or any other documents to prove the said price of the vehicle. The Appellant also not did produce the Insurance Policy of the said vehicle to show the valuation of the vehicle at which the same was insured. In the absence of such document the judgement of the District Forum cannot be impugned nor it can be directed in this appeal that for the purpose of settling the claim of the Complainant the value of the said vehicle should be taken as at Rs.2,67,000/-. We are, therefore, not inclined to interfere with the impugned judgement and order. The appeal shall stand accordingly disposed of with further direction that the Respondent – Insurance Company shall settle the claim of the Appellant on the basis of the value of vehicle on which the Insurance Policy (Commercial Vehicle Package Policy) bearing No. 3151280000720 was taken by the Complainant for the period from 19.12.1995 to 18.12.1996 and thereby determining the value of the said vehicle on the date of theft in accordance with law as expeditiously as possible and preferably within a period of 60 days from this date. The claim of the Complainant as may be determined by the Insurance Company in the manner as aforesaid shall carry an interest @8% p.a. from 16.10.2001 till the date of filing of the claim on 15.10.2004. Insurance Company is accordingly directed to make payment of the claimed amount with interest as above within 30 days from the date of determination of the same. | 
