LAWS(NCD)-2015-12-134

ABDUL JABBAR Vs. NEW INDIA ASSURANCE CO LTD

Decided On December 15, 2015
ABDUL JABBAR Appellant
V/S
NEW INDIA ASSURANCE CO LTD Respondents

JUDGEMENT

(1.) The complainant/petitioner got his vehicle no. USE7743 insured with the respondent Company for the period 17.02.1997 to 16.02.1998. The aforesaid vehicle allegedly met with an accident on 18.05.1997. The information of the accident having been given to the Insurance Company, a surveyor was appointed to inspect the vehicle and assess the loss. According to the complainant, he spent a sum of Rs. 73,808/- on repair of the vehicle. The claim, however, was repudiated by the Insurance Company, vide its letter dated 15.12.1997. The complainant, without referring to the aforesaid repudiation letter, filed a complaint on 13.11.2000, alleging vehicle refusal on the part of the Insurance Company to pay the claim amount, on 01.11.2000.

(2.) The complaint was resisted by the Insurance Company, inter-alia, on the ground that it was barred by limitation. On merits, it was alleged that the intimation of the accident was given to the Insurance Company three days after the accident.

(3.) The District Forum, vide its order dated 07.11.2001, dismissed the complaint, as barred by limitation. Being aggrieved from the order passed by the District Forum, the petitioner/complainant approached the concerned State Commission by way of an appeal. The said appeal also having been dismissed vide impugned order dated 16.07.2015, the complainant is before this Commission, by way of this revision petition.