NEW INDIA ASSURANCE COMPANY LTD Vs. GOMPU LEPCHA

JUDGEMENT

(1.) THIS is an appeal under Section 15 of the Consumer Protection Act, 1986, filed by the New India Assurance Company Ltd. , Gangtok Branch against an Order dated 18.10.2008 of the District Consumer Disputes Redressal Forum, East at Gangtok in Consumer Case No. 05 of 2007 that had been filed by the respondent -complainant Gompu Lepcha for compensation of damages caused to a Goods Carrier Vehicle owned by him bearing Registration No. SK - 03/0577.

(2.) IT is the case of the respondent -complainant that on the fateful day, i. e. , 28.10.2006, while returning from Siliguri to Gangtok loaded with bricks and other materials, the vehicle met with an accident on the National Highway 31 -A at Likhubhir under Kalimpong Sub -Division, District Darjeeling, West Bengal. As per the respondent -complainant, the vehicle was duly insured with the appellant under an Insurance Policy being No. 512302/31/06/01/ 00000638, After the accident, the respondent - complainant had sent to the appellant -Insurance Company, a letter of intimation of the accident dated 1.11.2006 and later submitted claims for damages of the vehicle to the appellant Insurance Company. But the appellant -Insurance Company, as per the respondent -complainant, on some pretext or the other delayed taking decision on the claims and ultimately denied entertaining the claims on grounds which were considered as flimsy by the respondent -complainant. Further that in support of his claim he had submitted all requisite documents viz. , Certificate of Registration of the accident vehicle, Policy of Insurance, FIR in respect of the accident, Driving -Licence of the driver, Goods Carrier Permit issued by the Competent Authority Counter - signature required under the Motor Vehicles Act, 1988, and a Certificate issued by the Officer -in -Charge of the Teesta Check Post confirming the factum of the accident of the Goods Carrier having taken place. The legal notice issued by the respondent -complainant through his lawyer demanding settlement of his claim was also (responded to by the appellant -Insurance Company denying the claims without any proper justification. As per the respondent -complainant such response on the part of the appellant -Insurance Company was a deficiency in service, it being a service provider and the respondent -complainant a consumer as defined under the Consumer Protection Act, 1986.

(3.) THE appellant -Insurance Company on the other hand resisted the claim by filing a written objection raising certain technical objections. The appellant -Insurance Company also asserted, inter alia, that the claim petition lacked material particulars with regard to the details of damages caused to the vehicle in question and disputed the very factum of the accident. All material allegations and statements with regard to the details of the vehicle being registered, its plying under valid permit, the accident having taken place and the damage to the vehicle duly supported by documents in support of such assertions had remained un -controverted. This is evident from paragraph 11 of the written objection which we may reproduce below for convenience: