NEW INDIA ASSURANCE COMPANY LIMITED Vs. AVAISH AHMAD

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 27.1.1994 passed by District Consumer Forum, Allahabad in Complaint Case No.372 of 1993.

(2.) The facts of the case stated in brief are that the complainant owns Jeep No. MP 78/4035. This vehicle was insured with New India Assurance Company with effect from 10.1.1991 to 9.1.1992. According to complainant when this vehicle was coming from Allahabad on 5.9.1991 met with an accident on account of the fault of driver of vehicle No. URG 4267. A report of this incidence was lodged on 6.9.1991 and the survey was also done. The complainant presented a claim of Rs.54,926.22, the amount of repair, to the Insurance Company. As the same has not been paid the present complaint has been file'.

(3.) The Insurance Company in its written version has alleged that only seven passengers are allowed to travel by the jeep but at the time of accident Surveyor found that mere were 11 persons in the jeep. Hence on this account the claim was repudiated.