UNITED INDIA INSURANCE COMPANY LIMITED Vs. MOOLA RAM

JUDGEMENT

(1.) THIS appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act of 1986") has been filed by the appellant against the order dated 1.8.2001 passed by the learned District Forum, Barmer in Case No. 45/2000 by which the learned District Forum allowed the complaint filed by the complainant -respondent under Section 12 of the Act of 1986 and awarded to the complainant -respondent a sum of Rs. 1,70,000/ - as claim amount along with interest @ 9% from 24.12.1997 till realization and the learned District Forum further awarded to the complainant -respondent a sum of Rs. 10,000/ - towards compensation and cost of litigation.

(2.) IT arises in the following circumstances:

(3.) IN this appeal, the main contention of the learned Counsel for the appellant is that at the time when the accident had taken place, the jeep in question was being used in violation of the terms of the policy as the Jeep was hired and it was not being used for personal purposes by the complainant -respondent though it was insured for personal purposes. Hence, the claim of the complainant -respondent was rightly repudiated by the appellant and the learned District Forum has committed serious error in decreeing the claim of the complainant -respondent and thus, the impugned order cannot be sustained and liable to be quashed and set aside.