11-09-14 –     1.   Heard Mr. Chandrajit Mukherjee learned counsel appearing for the appellant (hereinafter referred to as the Insurance Company) on the limitation petition and on merit at length.

2.       This appeal has been filed against the order dated 14.02.13 passed in Consumer Complaint no. 30/2010 by learned District Consumer Forum, Hazaribag, directing the appellant/Insurance Company  to pay the insured amount to the complainant/respondent, with interest  @ 9% P.A. from the date of filing of the complaint i.e. 08.04.2010, till the date of payment. The Insurance Company has been further directed to pay Rs. 20,000/- as compensation and Rs. 5,000/- as litigation cost to the complainant.

3.       According to the complainant, his vehicle was insured with the Insurance Company for Rs. 6,44,000/- from 19.04.2009 to 18.04.2010.  On 21.10.2009 the said vehicle was parked in the garage for some repairing work.  In the meantime fire spread over the adjoining straw stack, due to which the vehicle caught fire and burnt to ashes, about which the concerned Police Station was informed and claim was also lodged with the Insurance Company.

4.       The Insurance Company contested the case on various grounds including that there was breakage in the policy and that the body of the vehicle was changed; and that the claim was excessive; and that it cannot be settled on total loss basis unless the loss exceeds 75% of the insured amount.

5.       Mr. Chandrajit Mukherjee learned counsel reiterated the aforesaid objections raised on behalf of the Insurance Company before the learned Lower Forum, and submitted that the case of the Insurance Company has not been properly considered.

6.       In our opinion the learned Lower Forum, after considering the respective cases of the parties and the materials brought on record by them, and also the judgments, relied by them has rightly allowed the complaint.

7.       It has been interalia held that - there has not been any change in the Body of vehicle; and that the parties are not bound by the surveyor’s report holding that the damage was not more than 75% of the insured amount; and that the vehicle was insured on depreciated value on 19.04.2009 and just after two days the accident had taken place; and that the accident occurred during the subsistence of the Insurance policy; and that, as per the report of fire brigade, the vehicle was completed burnt to ashes and therefore the complainant was entitled to the full insured amount.

8.       We do not find any reason to interfere with the said findings.

Even, if the delay of about three months in filing this appeal is ignored, we find no merit in this case, which is accordingly dismissed. 

          Issue free copy of this order to all concerned for information and needful.

            Ranchi,    

Dated: 11.09.2014