SEVTI DEVI Vs. SWARAJ MAZDA LIMITED

JUDGEMENT

(1.) APPELLANTS have filed this appeal against the order of District Forum, Shimla in Consumer Complaint No. 475/2004, dated 13.1.2009, whereby the said complaint has been dismissed. Appellants are parents of driver Shri Ashok Kumar, who died in the accident on 14.6.2002, when the vehicle bearing registration No. HP -09A -0399, owned by Shri Piare Lal, respondent No.4, met with accident near Nagal, in Haryana, under Police Chowki Nagal, Police Station Bakhara, District Ambala, Haryana.

(2.) AT the time of hearing, it was not disputed on behalf of respondent No. 3 that on the date of accident, said respondenthad entered into an agreement with Swaraj Mazda Limited, manufacturer pf Swaraj Mazda vehicle, that during the relevant period risk upto the extent of Rs. 5,00,000 in case of accidental death of driver stands covered and it had undertaken to indemnify in case of mishap in respect of the vehicles sold by the manufacturers through its dealers.

(3.) AFTER the admitted death of their son, when the appellants were not indemnified by respondent Nos. 1 to 3, alleging deficiency in service, complaint was preferred by the appellants. It was dismissed. Hence this appeal.