NATIONAL INSURANCE COMPANY LIMITED Vs. ANIL RAMGOPAL LAHOTI

JUDGEMENT

(1.) THIS appeal is filed by the appellant/original opponent against the judgment and order dated 5.7.2011 passed by District Forum, Aurangabad in complainant case No. 891/2009.

(2.) THE facts leading to the present appeal are as under:

(3.) APPELLANT Insurance Company i.e. original opponent appeared before the Forum and contested the claim. It was submitted that although the said car caught fire and burnt on 2.5.2007, it was not an accidental fire. It was specifically contended by the appellant company that incident of fire was found suspicious and therefore investigator Shri. V.R. Navathe, a retired Superintendent of Police, C.B.I was appointed to investigate the matter and it was revealed from his report that the said car was set on fire by the respondent himself so as to claim compensation fraudulently. Therefore this action of respondent was in violation of terms and conditions of the policy and therefore claim was repudiated vide its letter dated 30.3.2009. It was further submitted that since claim was rightly repudiated for breach of terms and conditions of the policy there was no deficiency in service on the part of appellant. Therefore complaint be dismissed.