ORIENTAL INSURANCE COMPANY LIMITED Vs. SURESH

JUDGEMENT

(1.) THIS appeal is preferred against the order dated 26.2.2009 passed by District Consumer Disputes Redressal Forum, Jind whereby while accepting the complaint No. 251 of 2007, direction has been issued to the appellant -opposite party to pay a sum of Rs. 50,836 to the complainant along with interest @ 8% p.a. from the date of repudiation of claim of the complainant i.e. 7.6.2007 till payment.

(2.) PUT shortly the facts of the present case are that the respondent -complainant had purchased a vehicle Tata Indica (Diesel) model 2001 bearing registration No. HR -31B -6251 from one Suresh son of Thambu Ram Redhal, Resident of Village Hebatpur, District Jind on 9.5.2006. The vehicle was insured by the previous owner Suresh with the appellant -opposite party for the period w.e.f. 16.9.2005 to 15.9.2006 for a sum of Rs. 1,80,000. The registration of the vehicle was transferred in the name of the complainant on 31.5.2006 by the Registration Authority, Jind. Unfortunately, the above said vehicle met with an accident on 1.6.2006. Necessary intimation was given to the opposite party upon which surveyor was deputed who assessed the damage of the vehicle at Rs. 50,836. The complainant submitted claim of Rs. 1,35,000 to the opposite party in respect of the damage of the vehicle, but the same was repudiated vide letter dated 7.6.2007 on the ground that the complainant had not given necessary intimation to the opposite party with respect of the transfer of the vehicle in his name and as the complainant had violated the terms and conditions of the Insurance Policy, he was not entitled for any insurable claim. Challenging the action of the opposite party, the complainant invoked the jurisdiction of the District Forum.

(3.) UPON notice, the opposite party appeared and contested the complaint. In the written statement, it justified the repudiation of complainant claim on the ground stated above and prayed for dismissal of the complaint.