PARAMJEET KAUR Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal is directed against the order dated 1.10.2007 passed by the District Consumer Forum, Dehradun in Consumer Complaint No. 32 of 2004, Smt. Paramjeet Kaur v. The New India Assurance Co. Ltd., whereby the complaint of the complainant was dismissed.

(2.) THE facts of the case in brief are that the complainant -appellant s husband had purchased a Yamaha motorcycle on 10.12.1999, but he had not got it registered with the Transport Department under the provisions of the Motor Vehicles Act, 1988 . However, he got the vehicle insured with the respondent -insurer under the policy cover note No. 451700 dated 6.8.2002 for a risk of Rs. 30,000 in case of damage and for a risk of Rs. 1,00,000 in case of personal accident. This policy was effective for the period from 6.8.2002 to 5.8.2003. On 17.10.2002, the motorcycle in question met with an accident and got damaged. The owner, who was driving it, also received fatal injuries and he was hospitalized immediately, but he died in the hospital on 23.10.2002. The deceased s wife appellant preferred a claim of Rs. 7,980 against repair of the damaged vehicle and Rs. 1,00,000 against the risk covered under the policy for personal accident. However, the claim was repudiated by the respondent on 10.10.2003 on the following grounds:

(3.) ON receiving the repudiation letter from the respondent, the appellant filed a consumer complaint before the District Consumer Forum, Dehradun, which was dismissed by the impugned order. Hence this appeal has been filed by the complainant -appellant.