NATIONAL INSURANCE COMPANY Vs. RAMNARAYAN AGRAWAL

JUDGEMENT

(1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 , is directed against the order dated 15.2.2002 in Complaint No. 452/01 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called the District Forum for short) directing the appellant insurer to pay a sum of Rs. 57,948.35 p. as compensation with interest @ 12% p.a. besides cost of the complaint.

(2.) UNDISPUTED relevant facts are that complainant/respondent is the owner of Swaraj Mazda Vehicle No. MP 23D/9312. It was duly insured with the appellant insurer for the period from 18.2.2000 to 17.2.2001. The said vehicle met with an accident on 28.6.2000 near Rajnandgaon as it dashed against another truck. The intimation of the accident was lodged with the appellant insurer. Surveyor was appointed by the insurer who assessed the loss at Rs. 57,948 -35 p.

(3.) THE claim of the complainant/respondent was, however, repudiated by the appellant insurer by their letter dated 11.7.2001 on the ground that the vehicle was medium goods vehicle while the driver was having valid and effective driving licence for driving light motor vehicle.