NATIONAL INSURANCE COMPANY LTD. Vs. PRITU DEVI
LAWS(HPCDRC)-2009-1-4
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on January 03,2009

NATIONAL INSURANCE COMPANY LTD. Appellant
VERSUS
Pritu Devi Respondents

JUDGEMENT

ARUN KUMAR GOEL - (1.) HEARD learned Counsel for the parties and have also examined the record of the complaint file.
(2.) VEHICLE bearing registration No. HP -34A -2170 which is the subject matter of this appeal was admittedly insured in the sum of Rs. 2,70,000 with the appellant. It met with accident on 11.7.2005 is again not in dispute. F.I.R. No. 351/2005 under Sections 279, 337 I.P.C. was registered at Police Station Kullu. regarding this accident. Thereafter respondent informed the appellant regarding the accident in question. Further according to the respondent she was directed by the appellant to get the vehicle repaired. Accordingly, she took it to authorized dealer. After having paid a sum of Rs. 1,67,779 for its repairs, she approached appellant for reimbursements in this behalf. She also provided necessary documents to the appellant. The claim was repudiated by the appellant -Insurance Company. This resulted in filing of complaint under Section 12 of the Consumer Protection Act, 1986.
(3.) COMPLAINT filed by the respondent was resisted and contested by the appellant on the ground that the vehicle in question was being plied in contravention of the terms and conditions of policy of insurance subject to which vehicle was insured by it. Seating capacity of the vehicle was 1+2 whereas at the time of accident there were in all 4 persons. Thus, one extra excessive person was travelling in the vehicle and as such the appellant was justified in rejecting the claim. Further defence set out by the appellant was that the vehicle in question was registered as Light Motor Vehicle (L.M.V.) (Tpt.) for carriage of goods, whereas carriage of passengers was contrary to the terms and conditions of the insurance policy and on this ground also, repudiation was justified. Another fact that needs to be noted here is that after receipt of intimation regarding accident in question, Surveyor was appointed who assessed the loss due to accident of the vehicle at Rs. 1,24,595 though the respondent claimed that she is entitled to Rs. 1,67,779. District Forum below while allowing the complaint has ordered the payment of Rs. 1,24,595 by the appellant to the respondent along with interest @ 9% per annum from the date of institution of the complaint i.e. 19.2.2007 with Rs. 2,000 as cost. Hence this appeal by the Insurance Company.;


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