Case No. 138/2021   

IN THE MATTER OF

Ajay Kumar  S/o Sri Kuvar Ji Lal Sharma  R/o Gram and Post Songra Tehsil Ghabhna Thana Jawa , Distict Aligarh UP.

Manager, Meguma HDI Fine Crop (General Insurance )com. Ltd. 15/102 2^nd Floor Un Marcket Sarai Sultani Agra Road, Aligarh  

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhyaya, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for directing the op to compensate the complainant for the damages amounting Rs.690000.
2.  The Complainant has stated that his father had purchased a tractor Registration No. UP 81AY 3977 from Durga Automoblies Banna Devi, Aligarh. On 24.7.2016 the father of the complainant died. On 18.8.2017 the tractor collided with a Neel Gaay near Pachpeda at about 8.30PM. The tractor was handed over to Durga Automoblies for repairs and an amount of Rs. 72748/ paid by him. The tractor was financed and insured with the OP Company and the last installment was paid on 29.1.2018. Complainant could not look after the 50 bigha crop of paddy which ruined by the animals and he had to pay the amount Rs.400000/ to the Landlord for the loss of the crop included fertilizer ,seed and water. Complainant incurred Rs.18000/ in visits to Agra, Delhi and Aligarh for making complaint. Complainant paid Rs.40000/ to the employees of OP,  of which there is no record. Thus the complainant suffered damages to the tune of rs.690000/ including repair of tractor.
3.  Op did not contest the case despite of sufficient Service.
4.  Complainant has filed his affidavit and papers in support of his pleadings.
5. We have perused the material available on record and heard the complainant’s counsel.
6. Complainant stated that the tractor was financed and insured with the Op and he incurred Rs.72748/ in repairs of the tractors on account of accident with Neel Gaay. OP has not contest the case and thus complainant is entitled for repairing of the damages caused to the tractor in accident which is Rs.72748/. So, far as claim for other damages is concern, those damages are not direct damages and can not be compensated as being indirect damages. Thus OP is liable to pay to the complainant Rs.72748/ as compensation from damages.
7.  We have hereby direct to op to pay the complainant Rs 72748/ with pendente lite and future interest at the rate 9% per annum,
8.  OP shall comply with the direction within a 45 days failing which OPs shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
9. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
10. File be consigned to record room along with a copy of this judgment.