Meghalaya

StateCommission

11/2007

Shri.NIRMAL KUMAR CHAUDHURY - Complainant(s)

Versus

UNITED INDIA INSURANCE Co.LTD. - Opp.Party(s)

Mr.P.THAPA

27 Mar 2010

ORDER

First Appeal No. 11/2007
(Arisen out of Order Dated 24/07/2007 in Case No. of District East Khasi Hills )
1. Shri.NIRMAL KUMAR CHAUDHURYSHILLONG
PRESENT :Mr.P.THAPA, Advocate for the Appellant 1 Mrs.T.TANGI, Advocate for the Respondent 1

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ORDER

 

Heard Mr. H.R. Nath learned counsel for the appellant. Also Mrs T. Yangi learned counsel for the
 
respondent.
 
In this appeal the appellant has assailed the order dated 24.7.2007 passed by the District Forum Shillong in
 
consumer case no. 9 of 2005.
 
The case in brief is that the appellant purchase a Maruti Car having registration No ML 05 C 8089 and the
 
same was insured with the respondent and the insurance policy was valid from  3.6.2003 till 2.6.2004. The
 
vehicle was valued at Rs. 2 lacs (Two Lacs)at the time of insurance and the appellant paid the annual
 
premium of Rs.7,212 (Seven Thousand Two hundred twelve)for the said Insurance Policy.On 3.6.2003 at
 
about 7.00 am, the appellant told his driver Shri Joseph Lyngdoh  alias Raju to take the vehicle for
 
servicing. The said driver did not return with the car in time and an FIR was filed on 3.6.2003 with the
 
officer-in-charge of Laban Police Station and a case no. 215(b) of 2003 under section 379 IPC was
 
registered The appellant also informed the respondent about the missing vehicle on 4.6.2003.The police
 
investigated the case and could not recover the vehicle and police submitted a final  report of the case on
 
30.9.2003.
 
        The appellant made a claim to the respondent for an amount of Rs.2 lacs (Two Lacs) but the claim
 
was not accepted by the respondent. The appellant therefore approached the District Forum claiming
 
compensation of Rs.2 lacs (Two Lacs)and also the sum of Rs.20,000 (Twenty Thousand)for pursuing the
 
claim with the respondent and also a sum of Rs.36,000 (Thirty six Thousand)for mental pain and also a
 
sum of Rs.1 lacs (One Lacs) as compensation. The case of complain is also that all the document pertaining
 
to vehicle were kept inside the vehicle and all the document were also lost.
 
         The records of the District Forum shows that the respondent did not deny about the policy issued in
 
respect of vehicle. The respondent clearly denies the other claim made by the appellant. The records also
 
shows that no evidence was adduce by the appellant to prove the loss suffered by him. The Insurance
 
Policy was issued for the period from 3.6.2003 upto midnight of 2.6.2004. The vehicle was issued on the
 
next day of issuing of the insurance policy. Therefore, there could not be any loss on the part of the
 
appellant due to the missing of the vehicle except the cost of the vehicle.
 
After perusal of the records of the District Forum we find that there is no document or oral evidence to
 
support the claim of the appellant for other reliefs. We have also examined the impunged order passed by
 
the District Forum and we find that the justice has been given to the appellant by the District Forum for the
 
loss of his vehicle. We therefore, find no reason to interfere with the judgment passed by the District
 
Forum and the same is upheld.
 
Since the amount of this 2 lacs (Two Lacs) was already deposited before District Forum we directed the
 
respondent to revalidate the cheque or to issue a fresh cheque for the amount of Rs. 2 lacs (Two Lacs) and
 
deposit the same before the District Forum Shillong within a period of one month from today, failing which
 
an interest of 12% per annum is to be paid by the respondent from the date of this order till final payment is
 
made.
PRONOUNCED :
Dated : 27 March 2010

[ Ramesh Bawri]PRESIDING MEMBER[ Patricia Mukhim]MEMBER