GURBHED SINGH Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal has arisen out of the Order dated 20th December, 1993 passed by the State Consumer Disputes Redressal Commission, Punjab, dismissing the complaint filed by the appellant and directing the complainant to have recourse to Civil Court, if he so desired. The controversy involved in this appeal has arisen from the facts which are summarised as below.

(2.) SHRI Gurbhed Singh, complainant was the owner of truck bearing registration No. PB - 11 -B -2979. It was insured with the Oriental Insurance Company on 20th January, 1992 for a sum of Rs. 4.00 lakhs. The vehicle met with an accident on 23rd February, 1992 near Village Digah on Gorakhpur Basti Road, U.P. According to the complainant at the time of accident, Darshan Singh son of Malkiat Singh was driving the truck and Nachhattar Singh was the Conductor. As a result of accident, Darshan Singh received minor injuries but Nachhattar Singh, Conductor, received serious injuries who ultimately succumbed to injuries. According to the complainant/ Darshan Singh became scared of the situation and left the place of the accident. The complainant sent an intimation about the incident to the Insurance Company on the same date. Later on, he submitted his claim form duly completed on 26.5.1993. The Insurance Company repudiated the claim filed by the complainant. That is how the complainant preferred a complaint before the State Commission on 12th October, 1993 claiming compensation of Rs. 9,40,190/ -.

(3.) AFTER hearing the Counsel for the parties and considering the material placed on the record, the State Commission returned the finding that the repudiation of the claim by the Insurance Company was justified and did not constitute a deficiency in service so as to give rise to cause of action for complaint under me Consumer Protection Act. Aggrieved by the Order of the State Commission, the complainant has filed this appeal before this Commission which is under disposal.