ABDUL WAHAB Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 , is directed against the order dated 27.4.2002 in Complaint No. 235/99 by District Consumer Disputes Redressal Forum, Bilaspur (hereinafter called the District Forum for short) dismissing the complaint of the complainant/appellant.

(2.) UNDISPUTABLY , the complainant/appellant is the owner of truck bearing registration No. MP26 D/2442. It was used by the complainant/appellant for transport business. The complainant/appellant obtained a comprehensive insurance policy regarding the said vehicle which was effective for the period from 16.7.1997 to 15.7.1998. According to the complainant on 23.11.1997 the said truck got involved in an accident and was damaged while the driver of the said vehicle applied the break to save a cow which suddenly came on the road. The connecting rod was broken and the engine and tyre of the vehicle were damaged. According to the complainant he incurred an expenditure of Rs. 76,499/ - in the repairs of the said vehicle. He also claimed compensation of Rs. 4,000/ - on account of financial loss and mental suffering. Thus total amount of Rs. 80,499/ - with interest was claimed by the complainant. The claim was repudiated by the insurer by their letter dated 10.3.1998 on the ground that the accident was due to mechanical breakdown which was not covered under the policy.

(3.) THE complaint was resisted on behalf of the respondent insurer. Respondent averred that the accident was not on account of any external cause but it occured on account of mechanical failure.