FAQUIR CHAND Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This is an appeal filed against order dated 3.12.2001 passed by the District Consumer Disputes Redressal Forum-I, U. T. , Chandigarh [for short hereinafter referred to as the District Forum-I) in Complaint Case No.876 of 1998, Faquir Chand V/s. National Insurance Company Limited and Ors. The District Forum-I ordered for filing of the complaint and held that the vehicle in question was being plied as a taxi in violation of the terms and conditions of the policy and as such no relief can be granted by this Forum to the complainant.

(2.) The appellant who was the complainant, filed the complaint case against the respondents-National Insurance Company Limited through Regional Manager, Regional Office, Sector 35, Chandigarh; Divisional Manager of the said Insurance Company located at Ambala (Haryana) and Branch Manager of the said Insurance Company located at Kurukshetra and claimed a compensation of a sum of Rs.30,000/- on account of deficiency on the part of the respondents-Insurance Company, payment of repair bill in respect of the vehicle involved in the accident and covered by the insurance policy to the tune of Rs.1,71,699.36 with interest @ 18% per annum. A sum of Rs.2 lacs was claimed as compensation for harassment and mental agony and litigation expenses of Rs.15,000/- have been claimed. The total claim of the appellant/complainant was of a sum of Rs.2,61,696.36. The complainant Shri Faquir Chand owned a vehicle make Bajaj Trax Model, 1995 bearing Registration No. DL-ICE-1878. The said vehicle was insured by the National Insurance Co. Ltd. , Regional Office at Chandigarh for a sum of Rs.2,50,000/- on 25.7.1996 at 4 a. m. through the Branch Office of the Insurance Company, Railway Road, Kurukshetra. The insurance policy was to expire on 24.7.1997. On 30.8.1996, Shri Ravi Kant, son of the complainant went to Bharatpur along with his friends, Shri Arun Kumar, son of Chela Ram resident of H. No.1355, Sector 10, Panchkula to attend ceremony of the mother of Shri Arun Kumar alongwith family members and relatives of said Arun Kumar. On 3.9.1996, Shri Ravi Kant aforesaid was returning from Bharatpur to Panchkula when the said vehicle met with an accident near Palwal.

(3.) The complainant informed the Kurukshetra Branch of the National Insurance Company Ltd. about the accident of the vehicle and also about the said vehicle being insured by the National Insurance Co. Ltd. under the policy referred to above. The National Insurance Co. Ltd. , branch at Faridabad appointed a Surveyor Mr. Saxena who reached the spot and inspected the vehicle at the place of accident. It is alleged that after completion of the formalities of the survey, the complainant sent the vehicle damaged in the accident for repairs to Delhi Automobiles Limited at Ambala Cantt. and this fact was duly intimated to the Divisional Manager of National Insurance Co. Ltd. at Ambala Divisional Office which sent a message to the Regional Office at Chandigarh from where a Surveyor named Mr. Pal was sent to Ambala to inspect the vehicle and prepared the estimate of repair of the accidented vehicle. Instructions were also issued to the Delhi Automobiles Company to repair the accidented vehicle on estimated costs which were to be paid by the Insurance Company. The aforesaid vehicle which was insured under the policy issued by the National Insurance Company Limited was repaired by Delhi Automobiles Company but the National Insurance Co. Limited did not make the payment of the bill/repairs.