HEM RAJ Vs. NEW INDIA ASSURANCE CO. LTD

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been filed by the insured seeking indemnification of the total amount of INR 10,36,500/- from the respondent-insurance company, being aggrieved by the Order passed by the National Consumer Disputes Redressal Commission ('NCDRC' for short).

(3.) Briefly stated the facts are that the appellant is the owner of a Mahindra Pick-up Vehicle bearing registration no. PB-19H-2461 which is used by him for his personal use. That the appellant had purchased an insurance policy No.36060231130100003910 by paying the premium on the policy to the respondent-insurer covering the territory of India initially and later Nepal also. The period of the policy was from 21/3/2014 to 20/3/2015. On 11/9/2014, the vehicle was driven by Amritpal alongwith other people who visited Nepal to attend a satsang. Just prior to entry into Nepal i.e., before crossing the border, the appellant had got extended the insurance policy in the territory of Nepal. On 11/9/2014 at 10.00 am, at Gorhi Chowk, Ward No.4, Gram Vikas Samiti, District Bardia Belva (Nepal), the vehicle met with an accident. FIR No. 21 dtd. 14/9/2014 was duly registered in this regard. In this accident, Smt. Santliya Tharu, wife of Ram Parshad Tharu, resident of Ward no.7, Gram Vikas Samiti, District Banke Titeeherea (Nepal) died and Ram Parshad Tharu was injured. He was referred to Charak Hospital and Research Centre, Lucknow (India) for medical treatment. According to the appellant, the medical expenses of Rs.4,09,000.00 (Nepalese Rupee) were borne by him. This fact is admitted in the document dtd. 1/11/2014 executed in the office of District Incharge, Crime Investigation Branch, Home Ministry, Government of Nepal, duly signed by Jeet Bahadur Tharu, son of Ram Parshad Tharu.