ABDUL JABBAR Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This appeal, under Sec.15 of the Consumer Protection Act, 1986 , is directed against the order dated 30.1.2002 in Complaint No.412/2001 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called the 'distt. Forum' for short) dismissing the complaint of the complainant/appellant.

(2.) The relevant facts which are no longer in dispute stated in brief are that the complainant appellant owned a truck No. MP23d-6945. It was insured by the respondent insurer for the period from 2.9.2000 to 1.9.2001. The said truck met with an accident on 9.2.2001 at Devri. Complainant appellant submitted form and intimated the respondent owner about the incident on 14.2.2001 and also submitted to him the claim form. The Surveyor was appointed by the respondent insurer who estimated the loss as Rs.40,028/-. The respondent insurer treated the claim of the complainant as non-standard claim because the intimation of the incident was lodged with them belatedly. Accordingly, an amount of Rs.27,000/- was held payable by the respondent insurer to the complainant. However, by mistake, initially a cheque dated 30.3.2001 for Rs.17,000/- was given to the complainant but later on a cheque dated 17.10.2001 for the balance of Rs.10,000/- was given to the complainant towards settlement of the claim.

(3.) Complainant/appellant felt aggrieved on account that his claim was treated as non-standard. He averred in the complaint that Rs.39,000/- as estimated by the Surveyor towards damage to the vehicle should have been paid to him. The stand of the respondent insurer was that as the intimation of the accident was belated, spot survey could not be made and the complainant had thus breached condition No.4 of the policy, which requires that the intimation of the incident would be given in writing immediately after the incident.