BHAGCHAND JAIN Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 , arises from the order dated 28.10.2002 in Complaint No. 82/1998 by the District Consumer Disputes Redressal Forum, Durg (hereinafter called the District Forum for short) directing the respondent/insurer to pay to the complainant/appellant compensation of Rs. 30,000/ -, as also cost of the complaint.

(2.) ACCORDING to the complainant s averments, he is the owner of Maruti Car bearing Registration No. MP -24 -G -0877. It was, admittedly, comprehensively insured by the respondents covering the risk from 26.8.1994 to 25.8.1995. The said vehicle met with an accident on 26.10.1994 on Ring Road, Raipur. The report of the incident was lodged by the complainant at Police Station Aamanaka, Raipur. He also intimated the insurer/respondents about it. The respondents appointed Surveyor M/s. Thakur Enterprises who conducted first survey. Subsequently, another Surveyor Prakash Jain was appointed, who assessed the loss at Rs. 99,183/ - and the value of salvage at Rs. 20,000/ -. The claim of the complainant was, however, repudiated on 24.2.1997 by the respondents/insurer, on the ground that as per statement of Ratan Singh Thakur, said to be the driver of the vehicle, material facts were not disclosed.

(3.) THE complainant, therefore, filed the complaint and claimed total compensation of Rs. 1,48,000/ -. It was averred that the respondents have committed deficiency in service by repudiating the complainant s claim.