NEW INDIA ASSURANCE COMPANY LIMITED Vs. MOHD RAFIQ

JUDGEMENT

(1.) THIS appeal has been preferred under Section 15 of the Consumer Protection Act, 1986 , against the order dated 13.2.2001, passed in Complaint No. 23/2000 by the District Consumer Disputes Forum, Jagdalpur (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 Mohd. Rafiq was the owner of the truck bearing No. M.P. -25 B/0592. The complainant/respondent got the said truck comprehensively insured under policy No. 3145030/12067, from the appellant Insurance Company for a period from 17.5.1998 to 16.5.1999. It is also undisputed that the said truck caught fire and was burnt on 8.9.2000 near Bhanpuri Warehouse at Raipur. It is also not in dispute that the aforesaid accident took place during the insurance period and the complainant/respondent submitted claim form with the respondent. It is further not in dispute that the appellant insurer had appointed a Surveyor who had assessed the loss at Rs. 3,94,500/ -. It is also undisputed that the claim of the complainant/respondent was repudiated by the insurer vide letter dated 24.6.1999, on the ground that there had been a violation of Rule 208(2)(iv) of M.P. Motor Vehicle Rules by the complainant.

(3.) IN view of the damage caused to the truck during the period when the insurance policy was in force, the complainant had lodged a claim with the insurer and in consequence of repudiation of claim by the appellant insurer, complaint was filed before the District Forum with the allegation of deficiency in service on part of the insurer for not making payment of the amount of Rs. 3,94,500/ - with interest @ 18% and Rs. 20,000/ - towards mental harassment and cost of proceedings.