NAND LAL SHARMA Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Appellant is aggrieved by the order dated 12.03.2014, of learned District Consumer Disputes Redressal Forum, Shimla, whereby his complaint, under Section 12 of the Consumer Protection Act, 1986, which he filed against the respondent, seeking a direction to the respondent to pay a sum of Rs.1,06,718/ -, as insurance claim, with interest and Rs.50,000/ -, as damages for mental and physical harassment; Rs.25,000/ -, as special damages for money spent on pursuing the matter; Rs.4,500/ -, as towing charges; Rs.11,000/ -, as litigation expenses; and another sum of Rs.50,000/ -, on account of interest on the loan paid by him to the bank, has been dismissed.

(2.) Appellant purchased a Maruti Car (Alto) and got the same insured with the respondent for the period from 12.10.2011 to 11.10.2012. On 24.01.2012, when he returned in the car to his native place from Village Kotlu and got down to apply a piece of stone against one of the rear wheels, the car moved backward and rolled down the road, resulting in extensive damage. Report was lodged with the police immediately. Intimation of accident was given to the respondent. Surveyor deputed by the respondent assessed the loss at Rs.81,175/ -. Respondent, however, repudiated the claim on the ground that at the time, when accident took place, appellant possessed only a learner's licence and that he was not accompanied by any instructor or a person holding regular licence, to drive the vehicle.

(3.) Appellant felt aggrieved and filed a complaint, under Section 12 of the Consumer Protection Act, 1986. Respondent contested the complaint on the same ground, on which, claim had been repudiated. Learned District Forum, has dismissed the complaint, vide impugned order, upholding the respondent's plea.