CHIEF REGIONAL MANAGER NATIONAL INSURANCE COMPANY LIMITED AND ORS Vs. MADAN MOHAN SAKLANI S/O SH KISHORI LAL SAKLANI AND ORS

JUDGEMENT

(1.) THIS is insurer's appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 07.12.2012 passed by the District Forum, Dehradun in consumer complaint No. 158 of 2011, whereby the District Forum has allowed the consumer complaint and directed the appellant opposite party to pay a sum of Rs. 1,99,850/ - to the respondent complainant within a period of 30 days from the date of the order, failing which the respondent was held entitled to interest on the above amount @9% p.a. from the date of filing of the consumer complaint till payment.

(2.) BRIEFLY stated, the facts of the case as mentioned in the consumer complaint, are that the complainant is the registered owner of truck bearing registration No. UA07 -C -8145, which was insured with the opposite party National Insurance Company Limited for the period from 30.06.2007 to 29.06.2008. On 18.07.2007, the insured vehicle met with an accident near Kaleshwar Dat Bridge, Chamoli and fell in a gorge. The intimation of the accident was given to the insurance company and claim was lodged. The complainant spent a sum of Rs. 3,42,980/ - in the repair of the vehicle, but the insurance company did not settle the claim. Alleging deficiency in service on the part of the insurance company, the complainant filed a consumer complaint before the District Forum, Dehradun.

(3.) THE insurance company filed written statement before the District Forum and pleaded that on receipt of the intimation of the accident of the insured vehicle, the insurance company appointed the spot surveyor, who visited the spot on 20.07.2007 and found that at the time of the accident, the vehicle was loaded with LPG cylinders and driver, conductor, helper and 10 students were also travelling in the vehicle; that the insurance company had appointed Sh. Alok Garg, Surveyor and Loss Assessor for assessment of the loss, who vide his report dated 15.02.2008, assessed the loss to the tune of Rs. 36,500/ -; that as per registration certificate of the vehicle, the total seating capacity of the vehicle was three in all, whereas at the time of the accident, the vehicle was loaded with LPG cylinders and driver, conductor, helper and 10 students were also travelling in the vehicle and, therefore, the complainant has committed breach of the terms and conditions of the insurance policy and that the claim was rightly repudiated by the insurance company vide letter dated 04.02.2009 on account of non -disclosure of material information and that no deficiency in service was made by the insurance company.