KHEMLAL SAHU Vs. UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) FEELING aggrieved by order dated 28.10.2009, passed by District Consumer Disputes Redressal Forum, Korba (herein after called "District Forum" for short) in complaint case No. 67/08, the defeated complainant has come up before us, by way of this appeal.

(2.) IN nutshell the facts of the case are that a Tata Sumo jeep bearing No. CG -12 -D -0163, which was of the registered ownership of the complainant/appellant, was missing since 12.11.2006. Son of the complainant Rajesh Kumar Sahu and his friend Sushant Kumar went to Patthalgaon along with 2 -3 other persons in the said jeep on that day. Thereafter, neither those persons came back nor the jeep could be traced. Reportwas lodged with the police. Police ultimately failed to trace the vehicle and the persons and final report was submitted in the Crime registered by the police. Claim for compensation was also preferred before the Insurance Company, which has insured the vehicle at the relevant time. No amount of claim was paid by the Insurance Company and therefore complaint was filed before the District Forum seeking compensation of Rs. 2,50,000 for loss of the vehicle and Rs. 1,00,000 as compensation for mental agony along with interest and cost.

(3.) THE Insurance Company had not settled the claim and when complaint was filed by the complainant before the District Forum, then in reply, it has been averred by the Insurance Company that an investigator was appointed by the Insurance Company, who reported that the vehicle was used for hire or reward, though it, was insured as a private car and thus the terms of the policy were violated and so no claim was payable to the appellant.