UNITED INDIA INSURANCE CO. LTD. Vs. BHOPAL SINGH

JUDGEMENT

(1.) Challenge in this Revision Petition, under Section 21 (b) of the Consumer Protection Act, 1986 (for short "the Act"), is to order dated 4.3.2016 in F.A. No. 1155/2015 on the File of State Consumer Disputes Redressal Commission, Rajasthan, Jaipur Bench -1 (in short, 'the State Commission'). By the impugned order, the State Commission dismissed the appeal preferred by the Insurance Company and confirmed the order of the District Forum directing the Insurance Company to pay Rs. 3,51,569/ - which is the claim amount with interest at 9% p.a. from 16.4.2014 till the date of realization.

(2.) The brief facts as set out in the complaint are that the complainant had got his trailer insured by the OP for a sum of Rs. 11,00,000/ - covering the period 3.2.2013 to 2.2.2014. While so, on 7.10.2013 at 11.30 p.m., the head light of the complainant's trailer stopped working; hence, the trailer was stopped on the road side and the engine was switched off. The driver Mr. Raghuveer alias Rughdas tried to repair the head light and the second driver Mr. Kalu Ram was in the trailer. At that point of time, a bus being driven negligently by one Mr. Banwari Lal rashly hit the parked trailer from front side due to which, Mr. Kalu Ram, who was sitting in the trailer expired and the main driver Mr. Raghuveer sustained injuries. Immediately an FIR was registered at Police Station Salasar on 8.10.2013 and after investigation, the Police found the bus driver guilty.

(3.) It is averred by the complainant that the insured vehicle was completely damaged and despite several requests, the Insurance Company did not settle their claim. The Complainant got issued the legal notice on 3.10.2014 for which, the OP replied repudiating the claim of the complainant vide letter dated 31.3.2014, on the ground that in the FIR, Mr. Kalu Ram was shown as driver of the vehicle and that the driving licence of Mr. Kalu Ram was not produced. It is averred by the complainant that he was not present at the time of accident at the spot and he had given the statement to the Police only based on the information that he had received. Thereafter, ascertaining true facts, the complainant filed one affidavit during investigations stating that at the time of the accident Raghuveer was the driver of the trailer and produced the driving licence of Rughdas. The permit was also produced which was valid from 5.3.2010 to 4.3.2015. It is averred that despite several requests even after producing the relevant documents, the Insurance Company did not settle their claim; hence, the complainant approached the District Forum seeking direction to settle the claim amount together with compensation and costs.