LAXAMAN DAS MISHRA Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This is a complainant's appeal under Sec.15 of the Consumer Protection Act, 1986 (for short the 'act') against the order dated 16.4.1996 passed in Case No.178/93 by the District Consumer Disputes Redressal Forum, Rewa (for short the 'district Forum' ).

(2.) It is not in dispute that the complainant's Ambassador Car No. MP-19/a-6661 was insured comprehensively vide Policy No.3103585/92 for estimated sum of Rs.1,78,000/- for the period commencing from 18.7.1992 to 17.2.1993. The said car met with an accident on 4.7.1997 in Mauranipur, District Jhansi. The complainant lodged the claim. Complainant claimed for loss/ damage of Rs.13,627/-, but, the claim was repudiated by the opposite party as at the time of accident Awadesh Kushwaha was driving the car, who was not duly licensed and as a holder of learner's licence was driving the car. The complainant filed the complaint alleging deficiency in service. The District Forum dismissed the complaint holding that it had no territorial jurisdiction as the accident occurred at Mauranipur in District Jhansi (U. P.) and the policy was issued by the Satna Office. However, the defence of the opposite party that no liability arises as the vehicle was being driven by the person not duly licensed was not accepted.

(3.) The first question for our consideration is whether the complaint could be dismissed for want of territorial jurisdiction. It is not disputed that the opposite party had its branch office within the territorial jurisdiction of the District Forum at Rewa. Therefore in view of Sec.11 (2) (b) of the Act, the complaint could not be dismissed as the opposite party had its branch office for the purpose of carrying of insurance business in Rewa within the territory of District Forum, irrespective of the fact that the insurance policy was issued by the Satna Office situated outside the limits of the District Forum. See, the decision of State Consumer Disputes Redressal Commission, Gujarat in Consumer Education and Research Society and Anr. V/s. Canara Bank and Ors., 1991 1 CPR 405.