UNITED INDIA INSURANCE COMPANY LTD Vs. MAHINDER SINGH

JUDGEMENT

(1.) CHALLENGE in this appeal is to the order dated 27. 3. 2002 passed by the District Consumer Disputes Redressal Forum, Fatehabad whereby accepting the complaint of the respondent/complainant direction has been given to the appellants/opposite parties to pay Rs. 27,781 along with interest at the rate of 12% per annum from the date of rejection of the claim i. e. 19. 6. 2000 till realization. In addition Rs. 2,000 has been awarded as compensation on account of mental agony and harassment caused to him and Rs. 1,000 as litigation expenses.

(2.) PUT shortly the facts as set out in the complaint are that complainant had insured his Mahindra DI 3150 Cab King under cover note No. JR/98 No. 649608 for the period 10. 10. 1999 to 9. 10. 2000 with the opposite parties. On 14. 4. 2000 the said vehicle met with an accident in the area of Police Station Bhattu Kalan, District Fatehabad, as a result of which expensive damage was caused to the vehicle of the complainant. A FIR No. 61 dated 14. 4. 2000 was registered with the said police station. The complainant got the vehicle repaired on the expenses of Rs. 27,781 from M/s. V. D. Motor (P) Ltd. , Suratgarh Road, Sri Ganganagar. Thereafter, he lodged the claim with the opposite parties with the supporting documents. The claim was repudiated by the opposite parties as per letter dated 19. 6. 2000 on the ground that complainant was only authorized to drive the light motor vehicle, whereas the vehicle in question is a public goods carrier and for that reason he was not authorized to drive the vehicle at the time of accident. Aggrieved by the action of the opposite parties, the complainant invoked the jurisdiction of the District Forum by filing the present complaint seeking direction against the opposite parties to pay the amount of Rs. 27,781 incurred by him for carrying out the necessary repairs of the vehicle and further to pay Rs. 50,000 as compensation on account of mental agony and harassment caused to him along with interest at the rate of 18% per annum from the date of accident till payment. The complaint was contested by the opposite parties. In the written statement filed, they justified the repudiation of the claim on the ground stated above and prayed for dismissal of the complaint. On the basis of the pleadings of the parties and evidence adduced on the record, the District Forum found no substance in the stand of the opposite parties and while accepted the complaint, issued the direction to the opposite parties in its order dated 27. 3. 2002 noticed above. It is against this order the present appeal has been filed by the appellants/opposite parties.

(3.) LEARNED Counsel representing the appellant has been heard at length. None has chosen to appear from the side of the respondent at the time of arguments.