Late Man Singh thr. his L. R. Motilal v. The Oriental Insurance Co. Ltd.
2012-10-17
NEERJA SINGH, S.K.KULSHRESHTHA
body2012
DigiLaw.ai
JUDGMENT : As per S.K. Kulshreshtha, J.:- Shri Ravindra Tiwari seeks time on the ground that the record has not been received. The prayer is disallowed. 2. This appeal, under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act"), is directed against the order dated 11-4-2008 passed by the District Consumer Disputes Redressal Forum, Rajgarh, in Case No. 128/07. The case of the appellant in short is that he was the owner of the tractor and trolley bearing Registration No. MP39 M 2127 and MP39 M 2128. This tractor-trolley was insured with the respondent-Insurance Company for the period from 21-3-2006 to 20-3-2007. On 20th of May, 2006 at about 9 p.m. while he was going by tractor to Village Moya, near petrol pump he got information that his sister was admitted in the hospital. He, therefore, parked this tractor and trolley at bus stand and went to the hospital but when the came out, he did not find his tractor and trolley. Immediately, the information was sent to the police. The police could not trace out the tractor and the trolley. The appellant, therefore, made a claim with the Insurance Company for a sum of Rs. 3,50,000/-, as the amount of compensation for the loss of tractor and trolley. 3. Shri Ravindra Tiwari, Counsel for the respondent does not dispute that the tractor and trolley were insured with the Insurance Company and that the same had been stolen but because the final report had not been produced, the matter was held up for want of final report. 4. It is not disputed that the tractor and trolley were purchased on 24-1-2004. It is also not in dispute that the appellant had claimed for Rs. 3,50,000/- as regards tractor and trolley both. Since the tractor and trolley have been used for three years, under the Schedule it was liable to depreciation @ 5% per annum. Thus, a sum of Rs. 17,500/- deserves to be deducted from Rs. 3,50,0007. Therefore, the appellant is entitled to a sum of Rs. 3,32,500/- for the loss of the tractor and the trolley. 5. Consequently, this appeal is allowed. It is directed that the Insurance Company shall pay to the appellant a sum of Rs. 3,32,500/- within a month with interest @ 9% per annum from the date of the order of the District Forum.