NATIONAL INSURANCE COMPANY LIMITED Vs. LEELA RAM SAHU

JUDGEMENT

(1.) THIS appeal has been preferred under Section 15 of the Consumer Protection Act, 1986 , against the order dated 22.7.2002, passed in Complaint No. 109/2002 by the District Consumer Disputes Redressal Forum, Raipur (hereinafter called District Forum for short) whereby the complaint for deficiency in service by the opposite party was allowed by the District Forum.

(2.) THE facts not presently in dispute are that the complainant/respondent Shri Leelaram Sahu is the owner of a Mahendra Tractor bearing No. M.P. -23 G -8548 and the trolley bearing registration No. M.P. -23 GB -1227. It is also not in dispute that the complainant/respondent got the said tractor and trolley comprehensively insured, under policy No. 9700563, from the appellant Insurance Company for a period from 25.1.2000 to 24.1.2001. It is also undisputed that the said tractor and trolley met with an accident on 8.9.2000 on National Highway No. 10 at about 10 Kms. from village Kadri. The aforesaid accident took place during the insurance period and the tractor and trolley were badly damaged besides injury being caused to the labourers on board the trolley and one of them had died.

(3.) ACCORDING to the facts narrated in the complaint, consequent to the tractor and trolley having been damaged, the complainant had submited an estimate of Rs. 80,000/ - with the opposite party/appellant. The opposite party appointed Shri Anjan Sahoo as Surveyor and the said Surveyor had submitted his report. However, totally ignoring the Surveyor s report, the appellant insurer had, on 29.9.2001 i.e., after a lapse of nearly 20 months, repudiated the claim of the complainant on the ground that there was a breach of policy condition as 7 persons were on board the trolley. Resultantly the complaint was filed with allegations of deficiency of service on part of the opposite party. The complainant prayed for award of a total sum of Rs. 1,28,000/ - being the expenses incurred in repairs of the tractor and trolley, together with interest and damages for mental harassment.