NATIONAL INSURANCE COMPANY LTD Vs. HANUMAN PRASAD AGRAWAL

JUDGEMENT

(1.) THIS appeal is directed against the order dated 8 -2 -2013, passed by District Consumer Disputes Redressal Forum, Janjgir (CG) (henceforth "District Forum") in Complaint Case No. 09/2009. By the impugned order, learned District Forum, has partly allowed the complaint of the respondent/complainant and directed the appellant/O.P. to pay a sum of Rs. 60,000/ - to the respondent/complainant within two months from the date of order, along with interest @ 7% p.a. from the date of repudiation of claim, i.e., 14 -3 -2007 till date of payment, otherwise the aforesaid amount would be payable along with interest @ 9% p.a. The District Forum, has further directed the appellant/O.P. to pay a sum of Rs. 1,000/ - as compensation for mental agony and Rs. 1,000/ - as cost of litigation to the respondent/complainant. Brief stated the facts of the complaint filed before the District Forum are: - -that the respondent/complainant is owner of Maruti Van bearing registration No. M.H. 31 -H -8944 and the vehicle was insured with appellant/O.P./Insurance Co. for the period from 1 -1 -2005 to 31 -12 -2005. On 19 -5 -2005, when the driver of the vehicle Shiv Kumar Chouhan, had started the vehicle, suddenly the vehicle caught fire and due to fire, the vehicle was extensively damaged and the respondent/complainant suffered loss to the tune of near about Rs. 1,00,000/ -. The respondent/complainant lodged First Information Report on 20 -5 -2005 at concerned Police Station and also intimated the appellant/Insurance Co. regarding the incident. The respondent/complainant submitted claim form before the appellant/Insurance Co., but the appellant/Insurance Co. had repudiated the claim of the appellant/complainant on 14 -3 -2007 on the ground that driver of the vehicle in question Mr. Shiv Kumar Chouhan, was not having valid driving licence and RTO, Bilaspur issued letter to the effect that driving licence, which was possessed by the driver, was not issued by RTO Bilaspur (CG), hence the complainant filed consumer complaint before the District Forum, Janjgir (C.G.).

(2.) THE appellant/Insurance Co. filed written version before the District Forum and averred that the respondent/complainant used LPG Gas Kit in the vehicle. Due to LPG Gas Kit, the vehicle caught fire and due to use of LPG in the vehicle, the appellant/O.P. is not liable for paying any compensation and the respondent/complainant has violated terms and conditions of the insurance policy. Therefore, the appellant/Insurance Co. has rightly repudiated the claim of the respondent/complainant.

(3.) LEARNED District Forum, after appreciation of material available before it, allowed the complaint in part and awarded compensation to the respondent/complainant, as mentioned hereinabove in Paragraph No. 1 of this order.