Full claim
to insured directed
Tribune
News Service
CHANDIGARH, April 24
The Consumer Disputes Redressal Commission has
rejected the deduction made by United India Insurance
Company on the plea of under-insurance and directed the
payment of full claim made by the insured.
The complainant, D.S.
Ahluwalia, proprietor, M/s Tricode Electricals, Mohali,
has contended that the premises were insured for the
period May 24, 1992 to May 25, 1993 for a sum of Rs 4
lakh with United India Insurance Company, Chandigarh.
Following a theft, which
took place in the premises on the intervening night of
June 5 and 6, 1992, a report was lodged with the police
and the premises were inspected. It was confirmed that
the latch and the lock were bent. The goods stolen were
specifically valued at Rs 36,400. The police had also
given untraceable report.
The commission
comprising its president, Mr J.B. Garg and members Col.
P.K. Vasudeva and Mrs Devinderjit Dhatt held that the
factum of theft is well established in this case and it
is also an admitted fact that the premises were insured
for Rs 4 lakh. The claim put forward by the complainant,
now appellant was Rs 34, 428 and on a supposed plea of
under-valuation, the respondent was not entitled to claim
a deduction of Rs 8.683.
While allowing the
appeal, the commission ordered that the total sum of Rs
34, 428 was payable. It further directed the respondents
to pay interest at the rate of 12 per cent per annum
after exempting the usual period of 3 months from the
date of occurrence. They further allowed the costs of Rs
500.
Transferee
entitled to policy
While allowing a claim
against New India Insurance Company, District Consumer
Disputes Redressal Forum-II has held that a transferee of
a Maruti van would be entitled to all the benefits of the
insurance policy taken by the previous owner, even if
insurance has not been formally transferred in his name.
The complainant, Mrs
Kanwaljeet Kaur, had contended that her Maruti van met
with an accident on March 7, 1993 and she spent Rs 55,000
on the repairs of the vehicle which was bound to be
reimbursed by the insurance company.
The company submitted
that there was no privity of contract between the
complainant and the company as the insurance policy stood
in the name of Mohan Lal Madan Lal, the previous owner of
the vehicle. The complainant did not get the policy
transferred in her name and therefore she cannot draw any
benefit under the policy.
After going through the
records, the forum held that as per Section 157(1) of
Motor Vehicles Act, 1988 that the insurance policy taken
by the previous owner is deemed to be transferred to the
new owner with effect from the date of its transfer in
accordance with the provisions of the Act.
The forum further found
that even the departmental instructions of the insurance
company required it to settle the claim of the
complainant favourably. It therefore held the rejection
of the claim to be an act of grave deficiency in service.
On the basis of the claim assessed by the surveyor, it
directed the Insurance company to pay Rs 44,100 to the
complainant along with interest at the rate of 12 per
cent per annum with effect from October 1, 1993. The
costs of Rs 1500 were also imposed.
Roadways
GM gets warrants
The District Consumer
Disputes Redressal Forum-I has issued bailable warrants
against General Manager, Haryana Roadways, for
non-compliance of its orders. The warrants have been
issued for May 26.
Earlier, on a complaint
filed by Mr. Pritpal Singh of Sector 43-B regarding
deficiency in service with regard to de luxe bus service
from Chandigarh to Delhi, the forum bench comprising its
president, Mr H.C Modi and members Mr R.K Behl and Ms
Shashi Kanta had in its order passed on September 2
directed the Roadways to refund an amount of Rs 215 and
pay costs of Rs 500 to the complainant. They also
directed them to refund the fare difference of Rs 43
each.
The complainant had
contended that the bus fare from Chandigarh to Delhi in
Express bus service of Haryana Roadways is Rs 73 per
ticket whereas the bus fare in de luxe bus was Rs 118 and
the difference of Rs 43 was on account of providing extra
facilities of video films and relaxable cushion chairs.
But the bus in which they travelled was without these
extra facilities.
The complainant had
purchased five tickets of Haryana Roadways de luxe bus
for Rs 590, the cost of each ticket being Rs 118. Hence,
he stood deprived of the entertainment facilities, which
otherwise are provided in the bus for which tickets were
purchased by paying higher fare than that of the ordinary
bus.
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