UNITED INDIA INSURANCE COMPANY LIMITED Vs. SATISH KUMAR
LAWS(PUNCDRC)-2010-8-3
PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on August 18,2010

UNITED INDIA INSURANCE COMPANY LIMITED Appellant
VERSUS
SATISH KUMAR Respondents

JUDGEMENT

- (1.) THIS is an appeal filed by United India Insurance Company Limited (in short, "the appellant") against the order dated 25.02.2005 of the District Consumer Disputes Redressal Forum, Muktsar (in short, "the District Forum"), by which the complaint of the appellant was accepted by the District Forum.
(2.) THE brief facts of the case are that one Harinder Singh son of Kesar Singh, resident of Abohar was the owner of Maruti car bearing registration no.PB -15 -A -4293 which was insured with the appellant company for the period w.e.f. 4.9.2002 to 3.9.2003 for a sum of Rs.1,03,000/ -. The original owner of the car sold the same to respondent no.1 which was transferred in the name of respondent no.1. First Appeal No.754 of 2005
(3.) IT was further pleaded that the said car met with an accident on 4.6.2003 and respondent no.1 had informed the appellant regarding the accident. Surveyor Sh. Pawan Kumar Pahwa was appointed by the appellant company, who assessed the loss to the tune of Rs.11,880/ - but the claim of respondent no.1 was repudiated by the appellant company. Respondent no.1 had filed the complaint in which, he prayed that the appellant may be directed for the payment of repair charges along with Rs.50,000/ - as compensation and Rs.10,000/ - as litigation expenses. In reply, the appellant company had taken preliminary objections that respondent no.1 was not a consumer , he had no locus standi to file the complaint, the complaint involved complex questions of law and facts, the car was not being driven by an authorized person having a valid and effective driving licence at the time of alleged accident, there was no deficiency in service on the part of the appellant, the claim was repudiated after complying with all the formalities, complaint was bad for mis -joinder of necessary parties and the complaint was vague and did not disclose any cause of action.;


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