ORIENTAL INSURANCE COMPANY LIMITED Vs. SHATRUHAN CHANDRAKAR

JUDGEMENT

(1.) THIS appeal, under Section 15 of the Consumer Protection Act, is directed against order dated 8.1.2004 in Complaint No. 389/2001 by District Consumer Disputes Redressal Forum, Durg, (hereinafter called the District Forum for short) directing the appellant/insurer to pay a sum of Rs. 43,586/ - to the complainant/appellant as compensation.

(2.) UNDISPUTEDLY the complainant/respondent is the owner of Tractor No. MP -23 -G.A. -4987. He had insured the said tractor with the appellant/insurer for the period from 16.3.2001 to 15.3.2002. The said tractor met with an accident on 13.4.2001.

(3.) ACCORDING to the complainant, his tractor got damaged in the accident, as a result of which he had to incur expenditure in repairs of the tractor. The complainant, therefore, claimed compensation from the appellant/insurer. The insurer repudiated the claim by their letter dated 8.5.2001 on the ground that the damage to the tractor was consequential to the mechanical breakdown which is excluded from the terms of policy, issued by the appellant, covering the risk of tractor. Feeling aggrieved by the repudiation as above, the complainant filed the complaint before the District Forum.