GURPREET KAUR Vs. UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) DR . Gurpreet Kaur, appellant (In short œthe appellant ) has filed this appeal against the order dated 06.08.2008 passed by the learned District Consumer Disputes Redressal Forum, Fatehgarh Sahib (in short œthe District Forum ).

(2.) FACTS in brief are that the appellant filed a complaint under Section 12 of the Consumer Protection Act, 1986 (in short, œthe Act ) against the respondents, pleading that she got insured her Skoda Octavia car bearing registration No.CH -03 -P -7338 from the respondents for the period 29.04.2006 to 28.04.2007 for the sum of Rs.24,367/ - for one year premium. On 11.12.2006, said car met with an accident near Lachhi Wala Petrol Pump, P.S. Doi Wala, District Dehradoon (Uttrakhand Pradesh). An FIR No.170 dated 11.12.2006 U/s 279/337/427 IPC was registered against the driver of bus no.UA -07 -E -2851 at P.S. Doi Wala (Dehradoon). Intimation regarding the accident was sent to the Regional Manager of the United India Insurance Company Limited, branch Ludhiana through letter dated 12.12.2006 by the appellant through fax.

(3.) ON 12.12.2006, the car in question was sent to Krishna Auto Sales, Dhandari Kalan, G.T. Road, Ludhiana for its repair. A sum of Rs.1,42,759/ - was spent on the repair of the car and the repair bill was issued. The payment was made by the appellant to Krishna Auto Sales through demand draft dated 04.01.2007. The appellant supplied all the documents to the respondents along with the bill, to claim the accidental benefits. On 10.01.2007, respondent no.2 issued a letter to the appellant to clear the name of the driver, as in the FIR, the name of the driver was mentioned as Baldev Singh S/o Nek Ram and in the claim papers, the name of the driver was mentioned as Ganga Ram S/o Nek Ram.