NATIONAL INSURANCE COMPANY LTD Vs. ARUN KUMAR

JUDGEMENT

(1.) This revision petition has been filed by National Insurance Company, Kolkata and its Divisional Manager. Respondents herein who were the complainants before the District Forum filed a consumer complaint case stating that their deceased father had insured his TATA LPT bearing registration No. HR-69/3120 with the OP-Insurance Company under policy No. 140100/31/06/6300024496 for the period commencing from 21.12.2006 to 30.12.2007./ It was stated that during the currency of insurance policy on 23.4.2007, the aforesaid vehicle met with an accident and got badly damaged. In the said accident, the father of the complainants, Jai Bhagwan Singh also died on the spot. Intimation of the accident was given to the OP-Company and FIR was also lodged on the same day with the local police station. According to the complainant, the vehicle suffered damaged to the extent of Rs. 1,60,000 but when the claim was submitted, the same was repudiated by the OP-Insurance Company and hence the consumer complaint before the District Forum.

(2.) On being noticed, the OP-Insurance Company resisted the complaint by filing its written statement, in which it was stated that claim of the complainants had been repudiated vide OP's letter dated 23.4.2008 because Jai Bhagwan, who was driving the vehicle was not holding effective driving licence to drive a vehicle with gross vehicle weight of 24150 kgs. It was further stated by the OP Insurance Company that driver Jai Bhagwan Singh possessed the driving licence bearing No. 28963/MKG/Prof. with an endorsement to drive SC and LMV only and hence the claim had to be repudiated and there is no deficiency on the part of the OP-Insurance Company. On appraisal of the issues and evidence adduced by the parties, the District Forum found the OP Nos. 1 and 2 guilty of unfair trade practices and deficiency in service. They were, therefore, directed to reimburse the complainants an amount of Rs. 1,60,000 on account of expenses madeby them for the repairs of damaged vehicle within a period of thirty days, failing which the amount shall carry interest @ 8% from the date of this contempt. Complaint against the OP No.3, against whom no specific relief had been claimed by the complainants was dismissed by the District Forum.

(3.) Aggrieved by the aforesaid order of the District Forum, the OP-Insurance Company challenged the same by filing an appeal before the State Consumer Disputes Kedressal Commission, Haryana, Panchkula ('State Commission' for short). State Commission vide its order impugned order dated 2.12.2010, dismissed the appeal and upheld the order of the District Forum.