SANTOSH MAHESHWARI Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This appeal, under Sec.15 of the Consumer Protection Act, 1986 , is directed against the order dated 31st July, 2001 in Complaint No.341/1999 by the District Consumer Disputes Redressal Forum, Durg (hereinafter called the 'district Forum' for short), dismissing the complaint of the complainant/appellant.

(2.) The facts not in dispute are that the complainant owns a Tata Truck 407, registered as MP-24-C-3000. The said vehicle was comprehensively insured with the respondent/insurer for a sum of Rs.2,75,000/-. Risk was covered by the said insurance for the period from 27.3.1999 to 26.3.2000.

(3.) According to the complainant, the said vehicle met with an accident on 29.3.1999 near village Hirri, near Bilaspur. The complainant intimated the respondent's Bilaspur office about the incident upon which Surveyor Shri V. K. Daniel was appointed by the respondent. The complainant also lodged report of the incident with Police Station, Hirri on 30.3.1999. A spot inspection was held by the Surveyor, whereafter, the complainant had towed away the vehicle to Durg. Another Surveyor Shri S. C. Nanda was also appointed by the respondent. However, the claim of the complainant under the insurance policy was repudiated by the respondent/insurer by their letter dated 29.6.1999. The complainant, therefore, lodged complaint in the District Forum claiming total sum of Rs.21,246.60 paise, towards repair charges, interest, loss of income and compensation for delay in payment of his claim.