SARASWATI DEWANGAN Vs. BAJAJ ALLIANZE INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 is directed against the order dated 9.1.2008 passed in Complaint Case No. 119/2007 by District Consumer Disputes Redressal Forum, Rajnandgaon (hereinafter called the "District Forum" for short), whereby the complaint was dismissed.

(2.) BRIEF facts necessary for disposal of this appeal are that the husband of complainant late Ankaluram Dewangan owned a Tata Ace and got the same insured with the O.P. Insurance Company for the period from 28.5.2007 to 27.5.2008, under Policy No. OG -08 -1001 -1803 -00000386. During subsistence of insurance, there was an accident of the vehicle and husband of the complainant died in the said accident. Intimation was given to the O.P. and claim was lodged. Since claim was not paid, the complainant preferred complaint before the District Forum.

(3.) O .P. resisted the claim and averred in written version that claim amount was payable only under terms of the policy, but the insured failed to comply with terms and conditions of the policy. The person driving the vehicle at relevant point of time, did not have a valid licence to drive specific type of vehicle and only two persons were supposed to travel in the vehicle, whereas at the time of accident three persons were found on the vehicle, and in the circumstances the claim was not payable.