PUSHPA DEVI AGARWAL Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) -THIS appeal has been filed by the appellant under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as '1986 Act') against the order dated 4. 8. 2004 passed by the learned District Forum, Udaipur in C. C. No. 420/1998 whereby the complaint of the complainant-appellant was dismissed.

(2.) THE brief facts giving rise to this appeal are that the complainant-appellant got her new Mini Truck No. RJ 27g 3874 insured comprehensively for a sum of Rs. 3. 50 lacs for the period from 28. 10. 1997 to 27. 12. 1997. During the insured period, the said truck met with an accident on 29. 12. 1997 sustaining heavy damages. It was driven by a duly licensed driver Mr. Shyam Sunder Bansal, O. P. 2. The complainant informedthe Insurance Company and the Insurance Company appointed Mr. Suresh Kumar Gwala for conducting spot survey on the next day of accident. Later, the Insurance Company appointed Mr. Yogesh Dutt for conducting Final Survey. In spite of this, the respondent Insurance Company did not pay the insurance claim to the complainant and repudiated the claim of the complainant on 26. 8. 1998 on the ground that according to their Investigator Dr. Qureshi, the insured vehicle was not driven by Shri Shyam Sunder Bansal but someone else and that the complainant has concealed important facts of the case. In these circumstances, the complainant filed a complaint in the Forum below claiming damages of Rs. 3. 50 lacs for the damage to her truck and other compensation. The appellant also prayed that if the Insurance Company thinks that the appellant had violated any condition of the policy, then it could pay her the insurance claim on-sub standard basis.

(3.) IN the reply to the complaint, the first respondent admitted that the Surveyor appointed by it had assessed the loss to the insured vehicle but refused to accept the claim of the complainant on the grounds mentioned in its letter of repudiation dated 26. 8. 1998, referred to above.