UNITED INDIA INSURANCE COMPANY LIMITED Vs. BIHARI PRASAD

JUDGEMENT

(1.) THIS appeal is directed against order dated 11.1.2008, passed by District Consumer Disputes Redressal Forum, Surguja -Ambikapur (hereinafter called "District Forum" for short) in complaint case No. 06/06, whereby the appellant Insurance Company has been directed to pay to the respondent/complainant, Rs 1,00,000 along with interest @ 9% p.a. from the date of filing of the complaint, till the date of payment, with further direction that in case of failure to pay the amount in the stipulated time, penal interest @ 12% p.a. would also be payable.

(2.) BRIEF facts of case are that the vehicle bearing No. CG -15A -1913 was of the ownership of complainant Bihari Prasad, which was insured by the appellant herein. This vehicle suffered road accident on 20.12.2003 and was brought to the repairer for repairing. Rs. 91,000 as repairing charges were paid by the complainant to the repairer and claim was preferred before the Insurance Company. The Insurance Company on the basis of report of the Surveyor, assessed loss of Rs. 37,400, but it was found that the insured had violated terms of the policy and the drive of the vehicle was not having valid and effective driving licence for driving the vehicle. So, the claim was repudiated, then consumer complaint was filed before the District Forum, which was contested by the Insurance Company on the same ground that the vehicle was being driven by a person who was not authorized to drive such vehicle.

(3.) DISTRICT Forum has not agreed with the defence taken by the Insurance Company and allowed the complaint by passing the impugned award.