J S AHLUWALIA Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This appeal, under Sec.15 of the Consumer Protection Act, 1986 is directed against the order dated 4.6.2003 in Complaint No.26/2002 by District Consumer Disputes Redressal Forum, Bilaspur (hereinafter called the 'district Forum' for short) awarding a sum of Rs.18,167/- with interest thereon besides cost of the complaint to the complainant.

(2.) Undisputably the complainant/appellant is the owner of Mahindra and Mahindra Commander Jeep bearing Regn. No. MP26e/7221. The said vehicle was comprehensively insured by the respondent insurer company for the period from 31.1.2001 to 30.1.2002. The amount of premium was also duly paid by the appellant to the respondent. It is not in dispute that the said jeep met with an accident on the night intervening between 23.5.2001 and 24.5.2001, i. e. , during the subsistence of the policy near Lakhanpur. The complainant/appellant reported the matter to the police and also submitted claim with the respondent insurer. Spot survey was conducted on 31.5.2001 by the Surveyor appointed by the respondent-insurer. Final survey was also conducted on 4.6.2001. It is also not in dispute that by letter dated 15.10.2001 the respondent/insurer intimated the complainant/appellant that his claim has been repudiated on the ground that the vehicle was used for hire and reward as taxi while the vehicle was insured as a private vehicle and thus there was violation of M. P. Motor Vehicles Act and terms of the policy.

(3.) The complainant raised the grievance in his complaint that the repudiation was not proper. He averred that the vehicle was not being used for hire and reward as taxi and the same was handed over by the complainant to his friend Ajay Singh on his request. The complainant claimed that Rs.45,894/- be awarded as compensation as the said sum was spent by him in the repairs of the damaged jeep.