LAWS(CHHCDRC)-2005-6-9

UNITED INDIA INSURANCE COMPANY LIMITED Vs. SHARDA DEVI

Decided On June 14, 2005
UNITED INDIA INSURANCE COMPANY LIMITED Appellant
V/S
SHARDA DEVI Respondents

JUDGEMENT

(1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 is directed against the order dated 14.5.2004 in Complaint No. 157/2001 by District Consumer Disputes Redressal Forum, Sarguja, Ambikapur (hereinafter called the District Forum for short) directing the appellant/insurer to pay to the complainant, compensation of Rs. 1,03,500 as assessed by the Surveyor within 2 months, failing which interest thereon @ 9% p.a. would be payable. Rs. 1,000 towards cost was also awarded.

(2.) BRIEF facts necessary for the disposal of the appeal are that the complainant/respondent are the legal heirs of deceased Indrabhushan Sinha, who was the original owner of Bus No. MKL -9842. It is also not in dispute that the said bus was insured in the name of Indrabhushan Sinha, covering the risk for the period from 30.5.1995 to 29.5.1996. It was alleged that the said Bus was forcibly taken away by the miscreants on 29.6.1995 and later on the said vehicle was burnt in the jungle. The complainant/respondent submitted his claim before the appellant/insurer. The same was repudiated by the appellant insurer by its letter dated 12.11.1996, on the ground that the insurance was obtained in the name of Indrabhushan Sinha who had already expired on 14.12.1993 i.e., much prior to the commencement of the coverage of risk under the policy. Aggrieved by the repudiation as above, the complainant approached the District Forum.

(3.) DISTRICT Forum in the impugned order held that the repudiation was not proper, in view of the fact that the vehicle was duly insured. After consideration of the report of the Surveyor, compensation of Rs. 1,03,500 was awarded, as mentioned above.