UNITED INDIA INSURANCE COMPANY LIMITED Vs. JITENDER KUMAR

JUDGEMENT

(1.) THIS appeal is preferred against the order dated 3.10.2003 passed by the District Consumer Disputes Redressal Forum, Gurgaon whereby while accepting the complaint of the respondent -complainant, following relief was granted:

(2.) THE facts as can be gathered from the record are that the respondent -complainant had got insured his vehicle i.e. Dumpher with the appellant -opposite party vide Insurance cover note No. 125893 dated 30.11.2003 from 20.10.2000 to 19.10.2001 for Rs. 4 lacs. The above said vehicle met with an accident on 14.11.2000 for which D.D.R. No. 16 dated 14.11.2000 was recorded with the Police Post Kherki Daula, P.S. Sadar Gurgaon. Necessary intimation in this regard was given to the appellant -opposite party upon which the opposite party deputed Surveyor Shri Ishwar Singh, who inspected the vehicle at the spot. Thereafter, another Surveyor namely Shri S.P. Mangla was appointed who was in service in Telco Service, Gurgaon who asked the complainant to get repaired his vehicle from Telco Service Station, Gurgaon and as such the complainant got repaired his vehicle/dumper from Telco Service Station, Gurgaon vide its bill No. 3897 dated 26.2.2001 by spending more than Rs. 3,75,940. According to the complainant, he visited the office of the opposite party for payment of the claim but the opposite party did not pay any heed. Compelled by the circumstances, the complainant invoked the jurisdiction of the District Forum seeking direction to the appellant -opposite party to pay a sum of Rs. 3,75,940 along with interest @ 18% per annum from the date of accident till realization and Rs. 1,80,000 with respect to the losses of business and Rs. 1,00,000 on account of mental agony and harassment caused to him.

(3.) UPON notice, the opposite party appeared and contested the claim of the complainant. In he written statement it was stated that the complainant had violated the terms and conditions of the Insurance Policy as the driver of the vehicle in question namely Joginder Singh was not having valid and effective driving licence at the time of accident and on verification the same was found fake and the claim of the complainant was rightly repudiated. Denying any kind of deficiency in service, it was prayed that the complaint merited dismissal.