NATIONAL INSURANCE COMPANY LTD Vs. SUNDRI DEVI

JUDGEMENT

(1.) Late Dhameshwar son of the respondents was the owner of Jeep bearing No. HP-01-8857. It was 2001 model and its month and year of manufacturer was April, 2001. It was insured with the appellant for the period 10.1.2001 to 9.5.2002.

(2.) As per averments made in the complaint, deceased had purchased this vehicle for self-employment and with a view to generate his livelihood, he used to drive it himself. This jeep met with accident on 25.6.2001 at Nauni, within the jurisdiction of Police Station, Theog of Shimla District and Dhameshwar owner-cum-driver died in this accident.

(3.) In the above circumstances, respondents informed the appellant along with necessary documents, so that the claim in respect of the jeep could be determined. Appellant closed the file as "no Claim. " This was on 6.12.2001 and was because of non-application of mind, that too illegally and arbitrarily. This resulted in filing of a complaint under Sec.12 of the Consumer Protection Act by the respondents.