NATIONAL INSURANCE CO LTD Vs. RABINDRANATH BISWAS

JUDGEMENT

(1.) THE present Appeal has been directed against the judgment and order dated 10.5.2010passedby the learned District Consumer Disputes Redressal Forum, Nadia in C.F. Case No. CC/09/12 wherein the learned District Forum allowed the complaint case on contest against the OP with a direction upon the OP to pay Rs. 1,72,000 towards compensation and Rs. 3,000 towards mental harassment together with Rs. 2,000 by way of cost to the complainant. The complainant/ respondent's case before the learned District Forum, in brief, was that the complainant was the owner of Bus No. WB 51 -3759 with the insurance coverage from the OP/Insurance Company, which was valid from 28.10.2007 to 27.10.2008. According to the complainant, the vehicle of the complainant met with an accident on 10.5.2008 causing heavy damage to the vehicle in question. Over the accident a police case was started and due to such accident the complainant had to incur Rs. 2,00,000 towards repairing and maintenance charges. The complainant submitted claim before the Insurance Company which was not settled by the OP/Appellant and hence, the petition of complaint was filed for proper redressal.

(2.) THE OP/Insurance Company contested the case by filing written version denying all the material allegations contained therein contending inter alia that the vehicle was plying for a purpose other than the purpose, which was mentioned in the permit of the vehicle when the accident took place. In the absence of any special permit the complainant was not entitled to any relief whatsoever and accordingly prayed for dismissal of the petition of complaint.

(3.) THE learned District Forum while disposing of the petition of complaint has observed that the complainant was very much armed with special permit for the purpose and during the subsistence of the insurance coverage the accident took place and the complainant was very much entitled to the reliefs as prayed for and accordingly disposed of the petition of complaint in favour of the complainant as mentioned above.