SNEH LATA Vs. NATIONAL INSURANCE CO. LTD

JUDGEMENT

(1.) On 29.01.2004, Smt. Sneh Lata, the complainant purchased a Maruti Omni Van, '8-Seater', for a sum of Rs.2,17,208/- and accessories worth Rs.40,000/-. It was insured with National Insurance Company Ltd., for the period from 29.01.2004 to 28.01.2005.

(2.) On 02.10.2004, the said vehicle met with an accident. Intimation was given to the Police Station Kotwali Dehat, Saharanpur regarding the accident. The Surveyor assessed the loss at Rs.2,15,815/- out of which the complainant was paid Rs.70,000/-. The Insurance Company failed to pay the rest of the amount, so a complaint was filed with the District Forum, with the prayer that the respondents be directed to pay a sum of Rs.1,45,815/- along with interest @ 18% p.a.

(3.) The respondents listed the following reasons for repudiation of the claim of the petitioner/complainant. Firstly, the vehicle was being used for commercial purpose on hire, secondly, LPG Gas Kit was found fitted in the vehicle and lastly, the driving licence of the driver was not a valid one.