NATIONAL INSURANCE COMPANY LTD Vs. HARISH CHAWLA

JUDGEMENT

(1.) This is an appeal against the judgment and order passed on 14.5.1993 by District Consumer Forum, Dehradun in Complaint Case No.891 of 1992.

(2.) Facts of the case stated in brief are as under : the complainant owns a taxi which was insured with National Insurance Company Limited. During the continuance of the insurance policy, the taxi met with an accident on 6/7.10.1990. The complainant lodged a claim for a sum of Rs.70,000/- and inspite of completion of all the formalities, as required, the claim was not settled. Hence the complainant lodged the complaint before District Consumer Forum, Dehradun.

(3.) The version of the appellnat is that the claim was settled for a sum of Rs.58,000/- and not for Rs.70,000/-. The claim was repudiated on 12.7.1991 for which complete reasons were also given. The ground for repudiation of the claim was that at the time of accident excess passengers were seatd in the taxi. There was permission for carrying six passengers only while ten passengers were travelling in the taxi at the time of the accident, which is a clear voilation of the terms of the policy. It has also been alleged that the claim was not filed within the stipulated time i. e. within one year of the repudiation and it is time barred.