ORIENTAL INSURANCE COMPANY LIMITED Vs. AJAY SAHU

JUDGEMENT

(1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 , is directed against the order dated 30.4.2004 in Complaint No. 444/2003 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called the District Forum for short) directing the appellant to pay to the complainant compensation of Rs. 73,200/ -.

(2.) RELEVANT facts stated in brief are that complainant/respondent is the owner of vehicle Tata Sumo bearing registration No. CG -04/ZD -7900. The said vehicle was comprehensively insured with the appellant/insurer covering the risk of the said vehicle for the period from 11.4.2002 to 31.3.2003. The said vehicle met with an accident on 14.2.2003 and got damaged. The complainant/respondent intimated the incident to appellant/insurer and submitted claim form. Surveyor Anjan Sahoo was appointed by the appellant/insurer, who assessed the loss of Rs. 75,018/ - and the salvage value was assessed at Rs. 1,800/ -. The claim of the complainant/respondent however, was repudiated by the appellant, insurer on the ground that the driver Abdul Latif who was driving the said vehicle was under the state of intoxication at the time of accident.

(3.) DISTRICT Forum in the impugned order held that it has not been established by satifactory evidence that the driver of the vehicle was driving the vehicle while he was intoxicated. Accordingly the complaint was allowed and compensation of Rs. 73,200/ - was awarded, relying upon the report of Surveyor Anjan Sahoo.