ORIENTAL INSURANCE CO LTD Vs. DHIRAJ PRAKASH HAWALDAR

JUDGEMENT

(1.) THIS is an appeal filed by the Oriental Insurance Co. Ltd./original O.P. against the judgment and award passed by District Consumer Forum, Kolhapur in Consumer Complaint No. 386 of 2006 dated 7.2.2008, whereby while allowing the complaint, O.P. Insurance Company has been directed to pay compensation of Rs. 1 lakh to the complainant with interest @ 9% p.a. from 19.7.2006 and also directed to pay Rs. 2,500 towards mental agony and Rs. 1,000 towards cost.

(2.) FACTS to the extent material may be stated as under:

(3.) O .P. was duly served with the summons of the Forum. O.P. filed written statement and affidavit. In the written statement, Insurance Company pleaded that before taking policy from it, complainant had already insured his Ford Icon with United India Insurance Company and once it was known to it, as per India Motor Tariff, subsequent policy purchased by the complainant from Oriental Insurance Co. Ltd. stood automatically cancelled and, therefore, company pleaded that it was not liable to reimburse the amount to the complainant towards compensation claimed by the complainant in view of accidental vehicle. Company pleaded that complainant had tried to deceive it by concealing material fact that he had already taken insurance cover for the vehicle from United India Insurance Company and, therefore, claim was rightly repudiated, asserted O.P. in its written statement. In support of the written statement, O.P. company produced RTO certificate to show that said vehicle was earlier insured with United India Insurance Co. Ltd.