BHUPAL SINGH THAKUR Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS appeal is directed against order dated 6.11.2009 of the District Consumer Disputes Redressal Forum, Raipur (hereinafter called as District Forum for short) in Complaint Case No. 24/2008, whereby the complaint of the appellant herein, was dismissed.

(2.) BRIEF facts of the case are that the complainant had obtained insurance coverage for Tatat truck bearing No. C.G. -04JA -4421 under comprehensive insurance policy No. 31/7857/2007 for the period from 30.12.2006 to 29.12.2007. Subsequently on 12.5.2007 the said truck met with an accident at Lalitpur and was substantially damaged. Information to the insurer was given. B.S. Bundela conducted spot survey and complainant laid claim before the insurer. Surveyor Rajiv Dausage conducted final survey and assessed the loss at Rs. 2, 50,000 and also took consent of the complainant for aforesaid amount. Vide letter dated 31.10.2007, the insurer sought clarification from the complainant regarding permit. The complainant duly informed that he had obtained permit bearing No. 3553/006 dated 4.12.2006 for Chhattisgarh, Madhya Pradesh, Maharashtra, U.P., Delhi and Haryana for truck bearing No. C.G. -4 G -4921 but subsequently got it transferred for the subject vehicle bearing No. C.G. -04 JA -4421. The permit was valid from 12.12.2006 to 11.12.2007. Subsequently the insurer vide letter dated 28.11.2007 repudiated the claim of complainant on the ground of fake permit. It was averred in the complaint that the complainant had not violated any of the terms of the policy and hence by repudiating the claim, the insurer committed deficiency in service and unfair trade practice. For the loss suffered by the complainant, he claimed a sum of Rs. 2, 50,000 as assessed by the Surveyor and Rs. 50,000 towards deficiency in service committed by the insurer.

(3.) IN written version, the OP took the plea that registration, fitness certificate, tax token, permit, etc. were verified and on verification, it was found that the permit was not issued by RTO, Raipur, and was fake. As the complainant does not have valid and effective permit, it was violation of terms of the policy as well as the provisions of Motor Vehicles Act. In the circumstances, the complainant was not entitled to recover any amount from the OP.