ORIENTAL INSURANCE COMPANY LIMITED Vs. HEM NARAIN MISRA

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 24.5.1992 passed by District Consumer Forum, Deoria in Complaint Case No.53/1991.

(2.) The facts of the case stated in brief are that the complainant has filed the complaint for recovery of Rs.13,592/- as damages alongwith 18% per annum interest. According to the complainant, he got his Jeep No. UGM 7873 insured with Oriental Insurance Company, the opposite party. The policy was to started from 31.3.1989 to 30.3.1990. The said vehicle met with an accident on 23.5.1989. The information of the same was conveyed to the Insurance Company. A claim of Rs.13,592/- was made to the Insurance Company on the basis of repairs. All the receipts of repairs were handed over to the Insurance Company but the Insurance Company has not paid the amount so far.

(3.) The Insurance Company in its written version has admitted the insurance and about the factum of accident. It is further alleged that after seeing the policy and the registration certificate, it came to the notice that the engine was of 30 horse power while the insurance was got done for 20 horse power as told by the complainant. This was done in order to save the premium amount. As there is a violation of the terms of the policy, therefore, the claim could not be settled. In such cases three times of the premium which is usual has to be paid and only thereafter the claim can be settled. The complainant is not entitled to the amount claimed.