NEW INDIA ASSURANCE COMPANY LIMITED Vs. GEETA DEVI

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 12.2.2008, passed by West Singhbhum District Consumer Disputes Redressal Forum at Chaibasa, in Consumer Complaint No. 122 of 2006, whereby the appellant has been directed to pay the insurance amount of Rs. 57,723.00 with interest @ 5% per annum from 20.6.2006 till payment and compensation of Rs. 5,000.00 along with litigation cost of Rs.1,000.00 to the complainant -respondent.

(2.) ACCORDING to the office report, the appeal is barred by time. Limitation expired on 13.3.2008, whereas the appeal was filed on 10.4.2008. In an application, filed under Rule 8(4) of the State Rules for condonation of delay, it has been stated that true copy of the impugned judgment was delivered on 5.3.2008 and from the said date the appeal was filed on 35th day. Five days' delay was caused in completing official formalities, including legal sanction to prefer appeal. These statements are uncontroverted. Hence, delay in filing the appeal is condoned.

(3.) ADMITTEDLY , the complainant's Palio Car (JH -01E -2500) was insured with the New India Assurance Company Limited for the period from 13.3.2004 to 12.3.2005. Unfortunately, on 21.1.2005 it met with an accident, wherein it was damaged. Nanku Singh, driver of the car lodged FIR, vide Chutia P.S. Case No. 8 of 2008, for offence under Sections 279 and 427 of the Indian Penal Code against the driver of the Ambassador Car (BRN -7771), which had dashed her car. The car was repaired by M/s. The Republic Private Limited, Ranchi and the complainant paid a sum of Rs.57,723.00 against receipt No. 831 dated 1.9.2005 for the repairing charge. However, the Insurer repudiated her claim for the insurance amount to the tune of Rs. 57,723.00 on 6.10.2005 on the ground that the person, who was driving her car at the time of accident was not competent to drive and, therefore, terms and conditions of the policy were infringed.