NATIONAL INSURANCE COMPANY LIMITED Vs. SATISH CHANDRA SHUKLA

JUDGEMENT

(1.) Mr. Justice K. C. Bhargava, President-This is an appeal against the judgment and order dated 6.8.2001 passed by District Consumer Forum, Kanpur Nagar in Complaint Case No.443 of 1998.

(2.) The facts of the case stated in brief are that the complainant took an insurance cover for Commander Jeep which was purchased on 11.8.1997 bearing registration No. UP 78-R2729. This insurance cover was taken on 12.8.1997 for a period of one year after paying the premium of Rs.9,170/-. In the policy cover the Insurance Company wrote instead of Commander Jeep as Ambassador Car. The address of the complainant was also mentioned wrongly. The complainant went to the opposite party No.1's office, National Insurance Company Ltd. The officers did not pay any heed to the request of the complainant to correct the address in the cover note. On account of non-correction of the policy the complainant could not use his vehicle.

(3.) The opposite party in its written version has denied the allegations and have alleged that the Mahindra Commander Jeep was got insured whose cover note was also issued. The name of the insured has been mentioned as Satish Kumar Shukla and his address was given as House No.1130, Kidwai Nagar, Kanpur. The particulars were, therefore, rightly written. The parties led evidence in support of their respective contentions before the learned District Forum, who after considering the case of the parties came to the conclusion that wrong address were mentioned by the Insurance Company in the policy. Hence it awarded a sum of Rs.20,000/- as damages to the complainant.