NARESH KUMAR SAHU Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) THIS appeal is directed against order dated 12/05/2008 of District Consumer Disputes Redressal Forum, Raipur (hereinafter called as "District Forum" for short), in complaint Case No.289/ 2006, whereby the complaint of the appellant herein, has been dismissed and he was directed to pay compensation of Rs.5,000/ -, and cost of litigation Rs. 1,000/ -to the Insurance Company.

(2.) BRIEFLY stated, the facts of the case are that, vehicle No.CG -04/ZB -2042, was of the registered ownership of the complainant/ appellant, and was insured by the respondent, for a period between 27/1/2005 to 26/ 1/2006. As per complaint of the complainant, the vehicle suffered a road accident on 5/6/2005 at Village Sirri Police Station Kharora. The incident was immediately reported to Police, and then intimation was given to Insurance Company also. Insurance Company, appointed a Spot Surveyor and thereafter, in final survey, loss was assessed. Complainant had produced assessment of repairing to the tune of Rs.2,85,880/ - before the Surveyor, but ultimately, the Insurance Company had repudiated the claim, on the ground that the vehicle, was being driven by a person namely Asharam Dhruva, who died in the incident and the complainant, had come with a false story that Mr. Bodhan Satnami, was driver of the vehicle and was having a valid driving licence. Then, complaint was filed before the District Forum, in reply of which, the same defence was reiterated by the Insurance Company, with further assertion of the fact that, an Investigator, was appointed by the Insurance Company, who found that Asharam Dhruva, was driver and not Bodhan Satnami. It had been asserted that in repudiating the claim, no deficiency in service, was committed by the Insurance Company.

(3.) LEARNED District Forum, after having considered the material placed before it, agreed with the defence taken by the Insurance Company and dismissed the complaint of the appellant herein, along with punitive cost.