ORIENTAL INSURANCE COMPANY LTD Vs. DAYAL SINGH

JUDGEMENT

(1.) This is an appeal under Sec.15 of the Consumer Protection Act, 1986 ('the Act' for brevity) directed against the order passed by the District Consumer Disputes Redressal Forum, Raipur (hereinafter referred to as the 'district Forum') directing the appellant-O. P. to pay Rs.18,928 with interest at 9% and Rs.1,000 as the cost of complaint to the complainant-respondent.

(2.) Facts of the complaint not in dispute are that the complainant-respondent's vehicle bearing registration No. MP-23-D/5869 comprehensively insured by the O. P. met with an accident near Aurangabad on 15.7.2002 during the currency of the insurance policy. It is alleged that despite submission of the claim form and relevant documents the O. P. did not reimburse the amount of Rs.90,000 spent on repairs. O. P. in written version has stated the vehicle was being driven by Kuldip having Driving Licence No.72231 dated 28.10.2002. The said licence has not been produced by the complainant-respondent despite demand. Moreover, the vehicle was being used for a commercial purpose. Therefore, the claim could not be admitted.

(3.) Loss to the complainant-respondent as reported by the Surveyor is Rs.18,289. As per Surveyors report, that Kuldeep Singh holding driving licence No. K-78/r/90 was driving the vehicle at the time of the accident.