ORIENTAL INSURANCE COMPANY LTD. Vs. KAMPER CONCAST LTD.

JUDGEMENT

(1.) THE respondent was the complainant before the District Forum. M/s. Kamper Concast Ltd., the respondent purchased a Maruti 800 Delux Car for his Director, Pawan Kumar Gupta who insured the car with the petitioner, Oriental Insurance Company under comprehensive policy B for the period from12.6.1998 to 11.6.1999. The car was for personal use and occupation of the respondent/ complainant, Pawan Kumar Gupta.

(2.) ON 21.8.1998, during the currency of the policy, when the car was being driven by its driver and it caught fire and was completely burnt. The complainant got S.D. entry No. 834 dated 26.8.1998 made and also informed the Insurance Company and its officials about the incident. Despite repeated requests, the Insurance Company neither settled the claim nor repudiated the same. Therefore, the complainant filed complaint before the District Forum seeking direction to the Insurance Company to pay him the insured amount of Rs. 2,54,000 along with Rs. 25,000 towards mental agony and physical harassment. The Insurance Company contended that the vehicle in question was registered in the name of one Shri Subodh Kumar and accordingly the complainant, Shri Pawan Kumar Gupta could not be the owner of the vehicle. The Insurance Company further contended that the car was insured with the Oriental Insurance Company with engine number and chassis number referred to by the complainant. However, the registration number was not furnished. As the complainant could not produce R.C. Book, Tax Token and Driving licence of the driver for verification before the Surveyor appointed by the Insurance Company, the Insurance Company closed the file as "no claim".

(3.) THE District Forum on the basis of facts, circumstances and evidence available on record held that the Insurance Company to be guilty of negligence and deficiency in service and accordingly directed the Insurance Company to pay to the complainant Rs. 2,25,000 plus litigation cost of Rs. 5,000 as the car of the complainant was totally burnt.