GURDEEP KAUR Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) GURDEEP Kaur appellant was the owner of car bearing registration certificate No. HP -12 -6735. It was insured with the respondents for the period from 23.9.2002 to 22.9.2003. It met with an accident on 5.12.2002 near Oberoi Factory, Kishanpura while on way from Baddi side to Nalagarh side. It suffered a huge damage. It was got repaired by spending an amount of Rs. 85,485. The insurance claim was lodged with the respondents. It was repudiated. Hence the appellant filed the complaint against the respondents in the learned District Consumer Disputes Redressal Forum, Ropar (in short "District Forum") for recovery of the insurance claim. Compensation, interest and costs were also prayed.

(2.) THE respondents filed written reply. It was admitted that the appellant was the owner of car bearing registration certificate No. HP -12 -6735 and it was insured with them for the period from 23.9.2002 to 22.9.2003. It was also not disputed that the car had met with an accident on 5.12.2002. On the receipt of the information, the respondents appointed the Surveyor who assessed the loss. It was pleaded that the appellant had filed a wrong declaration by pleading OD claim while purchasing the new insurance policy. The appellant had concealed this fact and claimed no claim bonus in the present policy. Hence the insurance claim was rightly repudiated. Hence it was prayed that the complaint be dismissed.

(3.) THE appellant filed her affidavit dated 1.9.2003 as Ex. A1. She also proved documents Ex. A2 to Ex. A20. On the other hand, the respondents filed the affidavit of Jarnail Singh Banga as Ex.R1. They also proved documents Ex. R2 to Ex. R8.