KAMLA DEVI Vs. NATIONAL INSURANCE COMPANY & ANR

JUDGEMENT

(1.) Late Shri Arun Singh Chauhan son of the complainant owned a vehicle bearing Registration No.HP-03T-4190, which he got insured from the opposite party for the period from 25.11.2009 to 24.11.2010. The aforesaid vehicle met with an accident on 07.01.2010 and got extensively damaged. The policy taken by the deceased, also provided for payment of a sum of Rs.2 lacs to his legal heirs in case he dies in an accident. The complainant, on death of her son, lodged a claim with the insurance company, which deputed a surveyor to assess the damage caused to the vehicle. The surveyor assessed the loss at Rs.1,04,500/-. The claim however was repudiated by the insurance company on the ground that at the time the vehicle met with an accident, the deceased was drunk since he had as much as 231.91 mg of alcohol in 100 ml of his blood. Being aggrieved, the complainant approached the concerned District Forum by way of a complaint.

(2.) The complaint was resisted by the insurance company primarily on the same ground on which the claim had been rejected. It was further pleaded that the vehicle was not registered at the time it met with an accident.

(3.) The District Forum vide its order dated 30.06.2014, allowed the complaint as regards damage to the vehicle though it did not allow the payment on account of accidental death of the deceased.