SITARAM AGRAWAL Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 is directed against the order dated 28.2.2000 in Complaint No. 210/1998 by District Consumer Disputes Redressal Forum, Bilaspur (hereinafter called the District Forum for short) dismissing the complaint of the complainant/appellant with direction that if he so wishes, he may seek remedy from Civil Court.

(2.) INDISPUTABLY , complainant/appellant is the owner of Truck No. MP -26 -D/0521. He had obtained comprehensive insurance policy for the said vehicle from the respondent/insurer, covering the risk from 10.12.1997 to 9.12.1998. The complainant through his Power of Attorney Holder preferred the complaint.

(3.) ACCORDING to the averments in the complaint, the said truck met with an accident on 13.2.1998. Intimation of the accident was given by the complainant to the respondent/insurer, upon which Surveyor Sanjeev Saxena was appointed by the insurer. It was averred that though Surveyor assessed the loss to the truck, to the extent of Rs. 16,200/ -, but the claim was repudiated by letter dated 16.4.1998 by the respondent/insurer on the ground that occurrence of accident was suspicious. According to the complainant, repudiation of his claim was not justified and amounted to deficiency in service by the respondent/insurer. He prayed that an amount of Rs. 86,308/ - towards repairs of the truck and Rs. 68,000/ - for the loss of business on account of truck remaining out of use, with interest etc. be awarded against the respondent/insurer.