UNITED INDIA INSURANCE CO LTD Vs. NIRMAL RAI

JUDGEMENT

(1.) This appeal, under Sec.15 of the Consumer Protection Act, 1986 is directed against the order dated 2.12.2003 in Complaint No.128/2002 by the District Consumer Disputes Redressal Forum, Sarguja (hereinafter called the 'district Forum' for short), allowing the complaint and directing the appellant/insurer to pay Rs.30,000/- to the complainant/respondent as well as cost of the complaint.

(2.) Undisputably, the complainant/respondent No.1 had purchased motor cycle TVS Sujuki bearing registration No. MP-27 D 6067. It appears that the complainant/respondent No.1 had given the said motor cycle in gift to complainant/respondent No.2.

(3.) According to the averments in the complaint, on 2.12.1999 the said motor cycle was looted by some miscreants after throwing chilli powder in the eyes of the respondent No.2, while he was returning home after duty. He reported the matter to the police and an offence was registered. It was also averred that the said vehicle was comprehensively insured by the complainants with the appellant/insurer. The complainant, therefore, laid claim with the appellant/insurer for payment of the assured amount of Rs.35,000/- to them. However, as the appellant did not make payment hence, the complaint was filed before the District Forum.