GENERAL INSURANCE CO LTD Vs. ABHIJIT SAINI

JUDGEMENT

(1.) RESPONDENT got his vehicle insured with the appellant through its agent respondent-3 covering the risk of damage and theft of vehicle. Vehicle met with an accident and fell into deep gorge while returning from Vaishno Devi to Delhi at Damtaal, Distt. Kangra, HP. The vehicle was towed and the police report was lodged at Damtaal on the next date. Appellant was also informed about the accident. However, the claim of the respondent was repudiated firstly on the ground that agent had played a fraud by not depositing the premium with the appellant-company and secondly that the respondent has taken inordinately long time in informing the appellant-company. Feeling aggrieved the respondent filed the instant complaint before the District Forum.

(2.) WHILE holding the repudiation of the claim by the appellant unjust and illegal, the District Forum allowed the complaint vide impugned order dated 18. 9. 2007 giving the following direction to the appellant:

(3.) THROUGH this appeal the appellant has assailed the impugned order mainly on the ground that the Insurance Company is not liable to indemnify the loss to the consumer or the insured in case the agent or sub-agent does not deposit the premium and further if the insured takes inordinately long time in lodging the report and filing the claim.