LAWS(WBCDRC)-2008-10-1

MOHAN SINGH Vs. CITYBANK N A & ANR

Decided On October 16, 2008
MOHAN SINGH Appellant
V/S
Citybank N A And Anr Respondents

JUDGEMENT

(1.) THIS appeal is by the complainant challenging the order dated 11.6.2008 passed by the DF, Bangalore Urban I Additional in Complaint No. 207/2008 dismissing his complaint.

(2.) THE complainant is the owner of vehicle bearing registration No. KA -02 -MA -8874. The said vehicle was insured with O.P. for the period from 17.5.2007 to 16.5.2008. The vehicle met with an accident on 24.7.2007. In the said accident the vehicle suffered substantial damage. The fact of accident was intimated to the Insurance Company and also to the bank which advanced the loan to the complainant for the purpose of purchase of the vehicle.

(3.) THE Insurance Company no doubt after coming to know of the fact of the accident appointed a Surveyor to assess the loss. But in the meanwhile the Insurance Company on the basis of the report of the investigator repudiated the claim on the ground that the driver who was driving the vehicle at the time of the accident was under the influence of liquor relying upon the post -mortem report. This repudiation has made the complainant to file the complaint before the DF claiming compensation of Rs. 8,85,138 in respect of the damage caused to the vehicle and has also claimed compensation of Rs. 50,000 towards mental agony and Rs. 50,000 towards expenses.