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Atul Kumar vs National Insurance Company 3 Ors. on 3 January, 2018

2.       Briefly stated, the facts of the case are that the petitioner/complainant is the owner of a Tata 1109 truck, bearing registration no. HR61 4853, which was insured with the opposite party (OP), the National Insurance Co. for the period 30.06.2006 to 29.06.2007.  The said truck met with an accident on 22.12.2006 and suffered damage.  Upon intimation, the Insurance Company deputed a surveyor who submitted his report on 26.12.2006.  On the other hand, the petitioner/complainant got an estimate prepared for the repair of the vehicle, which was to the tune of ₹2,34,000/-.  The complainant requested the Insurance Company to pay the claim as per the said assessment.  However, since the claim was not paid, the complainant filed a consumer complaint before the District Forum, which was decided on 06.07.2010 and as per the order passed by the said Forum, the complainant was directed to submit documents to the Insurance Company within 15 days of the receipt of certified copy of the order of the Forum and the OP Insurance Company was directed to settle the claim within two months of the receipt of such documents.  The Insurance Company settled the claim at ₹34,950/- and a cheque for the said amount was sent to the complainant at his home address.  However, the complainant represented to the Insurance Company to pay him the entire amount of ₹2,34,200/- alongwith interest @18% p.a. from the date of the complaint till realisation.  Since the Insurance Company did not accede to his request, the consumer complaint no. 31/2011 was filed before the District Forum, seeking directions to the Insurance Company to release the amount of ₹2,34,200/- after deducting a sum of ₹34,950/-, which had already been received by the complainant from the Insurance Company, alongwith interest @24% p.a. from the date of institution of the complaint.  A further sum of ₹1 lakh as compensation and more compensation on various grounds was also demanded. 

Source: IK



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Atul Kumar vs National Insurance Company 3 Ors. on 3 January, 2018

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