MANJIT KAUR Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This is an appeal by complainant Manjit Kaur and her minor son Sehraj Jeet Singh against the judgment of the District Consumer Disputes Redressal Forum, Gurdaspur (hereinafter called the "district Forum") dated 13.4.2006 by which their complaint has been dismissed.

(2.) Brief facts are that a motor cycle was purchased in the name of complainant Manjit Kaur, which was given to her in dowry. The vehicle was comprehensively insured in the name of Manjit Kaur with the respondent Insurance Company. In fact, it was a package policy which covered personal accident cover under Section III for owner-driver in the sum of Rs.1,00,000. Her husband Harjit Singh, who was driving the motor cycle in question, unfortunately met with an accident on 14.11.2004 during the subsistence of the policy. The husband died at the spot due to the said accident. An F. I. R. No.180 dated 14.11.2004 was also lodged against the driver of the offending truck with which the motor cycle had met with an accident. An intimation of the accident was given to the respondent-Insurance Company by the widow and Rs.1,00,000 was claimed because of accidental death of Harjit Singh, who was then driving the motor cycle. The claim was repudiated by the Insurance Company on the ground that neither Harjit Singh was the owner of the motor cycle in question nor the insurance was done in his name. In fact the vehicle was owned by Manjit Kaur and the insurance policy was also in her name. This led the complainants to file a complaint before the District Forum. The said complaint has been dismissed by the District Forum on 13.4.2006 on the ground that neither the deceased Harjit Singh was the owner of the vehicle in question nor the personal accident insurance cover was in his name. Hence, the present appeal by Manjit Kaur and her minor son.

(3.) We have heard the learned Counsel for the appellants.