ORIENTAL INSURANCE CO LTD Vs. SHYAMLAL AGRAWA

JUDGEMENT

(1.) This appeal under Sec.15 of the Consumer Protection Act, 1986 is preferred against the order dated 12.3.1999 in Complaint Case No.364/98 of the District Consumer Disputes Redressal Forum, Raipur (for short hereafter Distt. Forum), whereby the appellant insurer was directed to pay a sum of Rs.71,740/- as compensation due to the damage of the complainant/respondent's vehicle in an accident.

(2.) The relevant facts not in dispute are that the complainant/respondent owns a vehicle Tempo-Trax bearing registration No. M. P. G.8928. The appellant insurer insured the said vehicle for the period from 29.5.1997 to 28.5.1998. It is also not in dispute that the said vehicle met with an accident on 17.10.1997, within the jurisdiction of Police Station, Mandir Hasaud. The respondent intimated the appellant about the accident and also filled up the claim form. The appellant's Surveyor went to the spot and on assessment found the damage to the extent of Rs.71,740/-. He submitted his report to the appellant insurer. However, the claim of complainant/respondent was not settled and no payment towards the damage as above was made by the appellant. Hence, the complainant/respondent in the complaint filed in the District Forum, claimed award of Rs.1,00,000/- towards compensation as also interest thereon.

(3.) The appellants in their reply by way of an affidavit averred that the aforesaid vehicle though registered as private vehicle, was being plied as taxi at the time of accident and thus there was breach of terms and conditions of insurance. It was further averred that as the complainant/respondent did not submit the bills of expenses incurred in repair of the vehicle, hence the specific loss to the vehicle could not be assessed by the appellant hence the claim was not finalised.