ORIENTAL INSURANCE CO LTD Vs. SHIKHAR CHAND JAIN

JUDGEMENT

(1.) This appeal under Sec.15 of the Consumer Protection Act, 1986 is directed against the order dated 15.1.2003 in Complaint No.71/02 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called the 'distt. Forum' for convenience) directing the appellant/insurer to pay to the complainant/respondent a sum of Rs.1,84,751/- with interest and cost of the complaint.

(2.) The complainant admittedly is the owner of Maruti Esteem car bearing registration No.23 L 9988, which was comprehensively insured with the appellant/insurer for the period from 8.5.1999 to 7.5.2000. The said vehicle while going to Panchmarhi on 5.6.1999 and being driven by the driver Anil Dubey met with an accident near police station, Lalbarra. The vehicle got damaged in the accident. The matter was reported at Police Station Lalbarra. Intimation of the above incident was also given by the complainant to the appellant/insurer. On the direction of the appellant/insurer, complainant/respondent arranged the vehicle to be brought to Raipur. A Surveyor was appointed by the appellant/insurer who estimated the loss to the vehicle at Rs.1,90,000/-. The vehicle was got repaired by the complainant at M/s. Maruti Automobiles who gave a final bill of Rs.1,84,751/-. The complainant claimed the above amount from the appellant/insurer who, however, repudiated the said claim, by letter dated 21.3.2000, on the ground that the driver Anil Dubey was not having effective and valid driving licence as it was not issued by the Licensing Authority, Raipur.

(3.) The appellant feeling aggrieved by the repudiation of his claim above, instituted the complaint before the Distt. Forum and claimed that the amount of Rs.1,84,751/- incurred by him towards repairs of the car be directed to be paid with interest.