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2008 DIGILAW 310 (UTT)

BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD. v. CHAMAN LAL

2008-07-18

C.C.PANT, IRSHAD HUSSAIN

body2008
JUDGMENT (Per : Justice Irshad Hussain, President) This is insurer’s appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 07.02.2005 passed by the District Forum, Dehradun, partly allowing consumer complaint No. 40 of 1998 and directing the insurance company to pay compensation of Rs. 9,500/- with interest @ 9% p.a. and Rs. 1,000/- as litigation expenses. The case was decided ex-parte against the insurance company. 2. We have heard the learned counsel for the parties and have considered their submissions in the light of the facts, circumstances and the legal aspects of the case. The claim preferred pertained to the insured sum of she-buffalo, which suddenly died due to illness on 06.03.1996. Insured Sh. Debu sent information (Paper 11) the same day to his banker, which advanced loan for purchase of the cattle. Death certificate mentioning allotted tag number of the she-buffalo (Paper No. 12) was also prepared and according to the complaint, it was sent to the insurance company through the banker. The claim was not settled and alleging deficiency in service, insured’s son Sh. Chaman Lal after death of his father Sh. Debu filed consumer complaint and prayed for award of compensation of Rs. 9,500/- together with interest @ 18% p.a. and Rs. 5,000/- by way of damages. 3. Learned counsel for the insurance company submitted that the complainant was not entitled to file the complaint without obtaining the succession certificate in his favour. Since mere claim for compensation was not a debt, we see no substance in the said argument. It shall also be pertinent to mention that the complainant as an heir of his deceased father, has obligation and responsibility to pay the loan arrears of his deceased father. Considering this aspect of the matter, merely on technical ground, the complainant cannot be non-suited and denied reimbursement of the loss under the provisions of the insurance policy. 4. It was next submitted that the settlement of the claim was delayed on account of the fact that the complainant had not shown his earnest to obtain the succession certificate and in the totality of the circumstances of the case, there was no justification in awarding compensation with high interest rate of 9% p.a. and that too from 06.07.1996, four months after the death of the cattle. The cost awarded was also said to be on the excessive side. The cost awarded was also said to be on the excessive side. Considering the facts of the case, the submission cannot be said to be without force and, therefore, equity require that appellant need to be saddled with the liability of paying simple interest @6% p.a. from 04.02.1998, the date of filing of the complaint till payment on the amount of compensation of Rs. 9,500/-. Further, the amount of costs is reduced to Rs. 500/- only. 5. For the reasons aforesaid, the appeal succeed partly and is to be allowed accordingly. 6. Appeal is partly allowed. Order dated 07.02.2005 of the District Forum is modified and the appellant is directed to pay a sum of Rs. 9,500/- to the complainant together with interest @ 6% p.a. w.e.f. 04.02.1998 till payment and costs of Rs. 500/- awarded by the District Forum. Costs of the appeal made easy.