NATIONAL INSURANCE COMPANY LIMITED Vs. MUNNI LAL YADAV

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 30.6.1997 passed by District Consumer Forum, Jaunpur in Complaint Case No.170/1995. The facts of the case stated in brief are that the complainant had purchased one Mahindra Commander Jeep in 1992 having Registration No. UP 62a 1362. The financing of this purchase was done by M/s. Century Finance Corporation. This jeep was got insured from National Insurance Company Limited from 6.7.1993 till 5.7.1994. On 20th January, 1994 at about 7 p. m. the complainant's jeep met with an accident on Bakuchiya Road at the said turning when one bull came in front of the jeep on account of which the balance of the jeep was upset and the jeep hit a tree on the left hand side of the road. Shambhu Nath was driving the vehicle and some persons sitting on the jeep were also injured. The driver Shambhu Nath had driving licence of the vehicle.

(2.) An FIR was lodged on 21.1.1994 and the information was also given to the Insurance Company to appoint the Surveyor. The Surveyor visited the site, took photographs and, after completing all the formalities, assured the complainant that he will get the damages of the jeep. The complainant took the vehicle to Varanasi and contacted a mechanic of Bengal Auto Garage. Thereafter the jeep was examined by M/s. Akram Khan and Sons who by their letter dated 17.2.1994 informed the complainant that this accidented jeep is not repairable. The complainant got this letter received by the National Insurance Company. On demand he submitted other papers also. Thereafter, the Insurance Company appointed Sri Rajesh Agarwal, Surveyor who visited the garage and inspected the accidented jeep. After inspecting the jeep the Surveyor Sri Rajesh Agarwal assessed the damages at Rs.72,000/- and sent the report to the Insurance Company. Thereafter the complainant got the jeep repaired on the assurance by the Surveyor that he will get the amount from the Insurance Company. It is further alleged that after the report of the Surveyor, the Insurance Company directed the complainant to get the jeep repaired at his own costs and submit the bills etc. The complainant got the jeep repaired spending a sum of Rs.75,000/-. A sum of Rs.35,000/- was also told by the mechanic for changing the chassis. The complainant several times requested the Insurance Company for payment of the amount but the same was not done. Hence the complaint was lodged.

(3.) In the written version the opposite parties alleged that the claim has already been repudiated, information of which has been given to the complainant. After the Surveyor's report an Investigator was appointed and on the basis of the statement of the witnesses it was revealed that one Bhayya Lal, who had no driving licence, was driving the vehicle and the vehicle was being used as a taxi while it was insured as a private vehicle. It is further alleged that the brother-in-law ('sala') was also sitting in the jeep. As the vehicle was being used in violation of the terms of the policy, the claim was repudiated.