NATIONAL INSURANCE COMPANY LIMITED Vs. RUHAIL MANZOOR GUNNA

JUDGEMENT

(1.) This appeal, under Sec. 17 of the J&K State Consumers Protection Act (as was then applicable), has been preferred by the Appellant-Insurance Company against the award dated 6th of December, 2018 passed by the erstwhile J&K State Consumer Disputes Redressal Commission (SCDRC) Srinagar (for short 'the Commission') in a complaint No. 57/2018, titled 'Ruhail Manzoor Gunna v. National Insurance Company Limited', whereby compensation to the tune of Rs.4.50 lacs, along with interest @ 10 % per annum from the date of complaint, besides litigation costs of Rs.20,000.00 were awarded in favour of the complainant/ Respondent herein.

(2.) The brief facts of the case, as these emerge from the perusal of the pleadings on record, are that the complainant/ Respondent herein as owner of vehicle (Tata 407M-2014 Goods Carriage) bearing Registration No. JK01W-1652, insured it with the Appellant-Insurance Company for a sum of Rs.7,06,325.00, with the validity of the insurance policy being from the 24th day of April, 2014 till 23rd of April, 2015.

(3.) The Appellant-Insurance Company is claimed to have filed a Written Statement before the Commission, wherein the only objection taken in opposition to the claim was that the vehicle of the complainant did not carry a valid permit on the date of accident and, therefore, the complainant could not be compensated by the Company, inasmuch as the vehicle was being plied in violation of one of the fundamental conditions of the policy of insurance, as such, the claim was repudiated.