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2003 DIGILAW 1 (UTT)

Harish Chandra v. Oriental Insurance Company Ltd.

2003-01-03

K.D.SHAHI, LUXMI SINGH, SURINDER KUMAR

body2003
JUDGMENT 1. This appeal has been filed by the Appellant against the order of District Forum, Haridwar dated 30.7.1998 for grant of additional relief. 2. The Applicant, Shri Harish Chandra had filed a complaint before the District Forum with the allegations that he has purchased an Ambassador taxi car which was insured with the opposite party, on 20.12.90 some unknown criminal snatched the car. The car was not recovered. His claim was rejected by the Insurance Company. Then, he filed a complaint in the Forum. 3. The Forum had allowed the com• plaint for recovery of Rs. 1,14,000/- with 12% interest and a sum of Rs. 1,000/as compensation and Rs. 1100/- as cost of litigation. 4. Being aggrieved by this order, appellant filed appeal with the allegations that his loss was Rs. 2,00,000/- it should have been-allowed in total. He further alleged that he has claimed Rs. 2.000/as cost of litigation, he should also get a Rs. 5,000/- as cost of this appeal, he should get interest at the rate of 18%. 5 This appeal is mis-use of the right of appeal The complainant had insured the vehicle for a sum of Rs. 1,25,000/-, he could not have been allowed a sum more than this. His claim for Rs. 2,00.000/- is excessive. If a depreciation of S to 10 per cent is allowed and the report of surveyor is taken to be correct, his claim for a sum of Rs. 1,14,000/- has rightly been allowed. 6. As regards the rate of interest in these days, the rate of interest has been cut down to 6 to 7 per cent. Even otherwise, interest is at the discretion of the Forum, it cannot be said that the grant of 12% is not justified. As regards the cost of litigation, nothing has been filed on record why it should be Rs. 2,000/-, why a sum of Rs. 1100/- is less. As regards compensation nothing has been said why the appellant should get compensation more than Rs. 1,000/-. 7. As said above, the appeal is misuse of the right of appeal and it should have been rejected with a puritive cost but looking to the facts and circumstances of the case the appeal should be dismissed with no order as to costs. ORDER Appeal is dismissed. Costs easy.