NEW INDIA ASSURANCE CO LTD Vs. JAHANGIR SHEIKH

JUDGEMENT

(1.) The complainant/respondent owned a Mahindra Bolero Pickup vehicle which he had got insured with the petitioner company for the period from 28.03.2014 to 27.03.2015. The said vehicle met with an accident within the jurisdiction of P.S. Karalpora in District Kupwara of J&K resulting in death of the driver and total loss of the vehicle. An FIR was registered at the concerned Police Station. On intimation being given to the petitioner, a surveyor was appointed to assess the loss. The claim however, was closed by the petitioner vide letter dated 21.03.2016 which to the extent, it is relevant, reads as under:

(2.) Being aggrieved from the non-payment of the claim, the complainant approached the concerned District Forum by way of a Consumer Complaint. The complaint was resisted by the petitioner primarily on the ground that the complainant had failed to provide the required documents despite request made for this purpose. It was also stated in the written version that the representative of the complainant had informed the surveyor that one Mohd. Sadiq was driving the vehicle whereas the complainant later claimed before the final surveyor that the vehicle was being driven by Sadiq Sheikh.

(3.) The District Forum, vide its order dated 11.09.2018, directed as under: