ORIENTAL INSURANCE COMPANY LIMITED Vs. PARVEEN KUMAR SON OF PARTAP SINGH
LAWS(HPCDRC)-2010-11-5
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on November 19,2010

ORIENTAL INSURANCE COMPANY LIMITED Appellant
VERSUS
Parveen Kumar Son Of Partap Singh Respondents

JUDGEMENT

- (1.) THIS appeal is directed against the order of District Forum, Shimla, Himachal Pradesh passed in Consumer Complaint No.273/2007, dated 12.10.2009, whereby the complaint of the respondent was allowed and the appellant was directed to indemnify the respondent to the tune of Rs.53,574/ - at the rate of 9% per annum from the date of filing of the complaint, i.e. 20.08.2007 till actual payment is made. In addition to this, cost was quantified at Rs.2,000/ -.
(2.) FACTUAL matrix of the case in nutshell is that the respondent had insured his vehicle bearing registration No.HP -01A -586 with the appellant for one year and insurance was to be commenced from 05.12.2005 to 04.12.2006. This vehicle met with an accident on 27.09.2006 at Navgaon, when it was on its way from Kully to Shimla had suffered extensive loss. Thereafter the matter was brought to the notice of the appellant. Further averments in the complaint are that the respondent had spent a sum of Rs.53,574/ - on repairs in order to make it roadworthy, but when the claim was lodged with the insurance company, it instead of settling it dilly -dallied for settlement, as such there was deficiency of service on the part of appellant. In this background, complaint under Section 12 of Consumer Protection Act, 1986 for deficiency of service has been filed by the respondent against the appellant.
(3.) THE complaint was contested and resisted by the appellant and its further averment was that the driver was not having a valid and effective driving licence at the time of accident and there was delay of more than 8 months in informing the insurance company about the accident as the accident is dated 27.09.2006 and insurance company was informed about the accident on 08.05.2007 and as such there was no deficiency of service on the part of respondent. Rejoinder was also filed to the complaint wherein the respondent had reiterated the stand taken in the complaint.;


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