ORIENTAL INSURANCE COMPANY LIMITED Vs. PRAHLAD KUMAR SAHU

JUDGEMENT

(1.) BY way of this appeal Insurance Company has challenged order dated 10.11.2008, passed by District Consumer Disputes Redressal Forum, Raipur (hereinafter called "District Forum" for short) in Complaint Case No. 54/08, whereby the appellant Insurance Company has been directed to pay Rs. 1,92,000, which was expenditure of repairs of the insured vehicle and Rs. 1,00,000 for mental and physical harassment. Direction for payment of Rs. 1,000 by way of cost of litigation has also been passed.

(2.) THE facts of the complaint as per record of the District Forum are that one Smt. Rekha Goswami was the registered owner of vehicle No. CG -04 -J -3767, which was a transport vehicle, Tata 407. The vehicle was purchased by respondent/complainant from Smt. Rekha Goswami and thereafter on 12.2.2007 in a road accident that vehicle suffered extensive damages. Information to the Insurance Company was given regarding the incident and then Surveyor inspected the spot. After the incident, a no objection certificate was issued by registered owner Smt. Rekha Goswami in favour of the present complainant then a claim was preferred by the respondent/complainant with the Insurance Company. No amount was paid by the Insurance Company even after lapse of substantial time, then consumer complaint was filed.

(3.) IN written version it has been asserted by the Insurance Company that within 14 days from the date of transfer of the vehicle the registered owner and the applicant both have not made any application for transfer of the insurance policy. Thus the complainant has not become consumer of the Insurance Company. It has also been pleaded that driver of the vehicle was not having driving licence to drive a transport vehicle and was having only licence of Light Motor Vehicle which was not valid and effective for driving Transport Vehicle. On these grounds payment of insurance amount was denied.