UNITED INDIA INSURANCE CO.LTD. Vs. RAJESH KUMAR

JUDGEMENT

(1.) THE instant appeal is directed against the order dated 18.3.2005 passed by the District Consumer Forum, Ranchi, in Complaint Case No. 208/2004, whereby and whereunder the O.P./appellant Insurance Company has been directed to pay Rs. 89,500 (Rupees eighty -nine thousand five hundred) along with interest @ 12% from 27.8.1999 till the date of realisation of the amount and Rs. 2,000 as cost of litigation.

(2.) THIS appeal was filed along with limitation petition for condoning the delay. According to the office report, limitation expired on 16.4.2005 whereas the instant appeal was filed on 9.5.2005. Heard the learned Counsel for the parties and perused the limitation petition. For the reasons stated therein, the delay in filing the appeal is condoned.

(3.) THE brief facts of the case are that a bus bearing No. B -R 14 (P) 5455 was registered in the name of late Baikunth Singh the father of the complainant which was insured with the O.P./appellant. United India Insurance Company Ltd. for a period of one year from 24.7.1998 to 23.7.1999. The said bus met with an accident on 29.4.1999 near Malar Bridge at Nagri at Ratu P.S. resulting substantial damage. A case was registered at Ratu Police Station and the claim was lodged with the O.P./appellant Insurance Company which was registered as Claim No. 210601/31/40/7/99 -2002/2. The O.P./appellant Company deputed a Surveyor, Mr. H.S. Singh, who after survey assessed the loss and submitted an acceptance (sic), the O.P./appellant Company which was also countersigned by the complainants father the original insurer. But the O.P./appellant Company repudiated the claim on 3.11.1999 on the ground of non -availability of proper driving licence to drive passenger vehicle. However, the deceased father of the complainant (the original insured) subsequently submitted the driving licence which was received by the O.P./appellant Insurance Company on 24.1.2000 as well as a letter dated 15.1.2000 issued by D.T.O. Ranchi. But the O.P. again repudiated the claim on 17.11.2000 on fresh ground namely the vehicle was without valid road permit. In the meantime the father of the complainant (the original bus owner insured) died on 29.8.2002. The complainant was not fully aware of the said accident and the claim lying before the O.P. Later on the complainant who is the son of late Baikunth Singh (the deceased insured) came to know about all the details regarding the accident and its insurance claim which was pending before the O.P. Accordingly he sent a legal notice to the O.P. but the O.P. remained silent. Hence, the above mentioned complaint case was filed by the complainant in the Court below. The Court below entertained the complaint and passed the order impugned dated. 18.3.2005.