NATIONAL INSURANCE CO LTD Vs. ANITA DEVI AGRAWAL

JUDGEMENT

(1.) This appeal, under Sec.15 of the Consumer Protection Act, 1986 , is directed against the order dated 29.7.1999 in Complaint No.212/91 by District Consumer Disputes Redressal Forum, Bilaspur (hereinafter called the 'district Forum' for short) directing the appellant/insurer to pay to the complainant/respondent a sum of Rs.70,730/- with interest @ 12% p. a. , besides cost of the complaint.

(2.) It is not in dispute that the complainant/respondent is the owner of mini truck having registration No. MP 27-B/0894. It is also not in dispute that the said truck was comprehensively insured with the appellant/insurer, covering the risk from 25.1.1996 to 24.1.1997. Undisputably, the vehicle met with an accident on 9.6.1997 near village Taand. Report of the accident was lodged with police. Appellant/insurer was also informed about the accident by the complainant/respondent on 10.6.1996.

(3.) The claim of the complainant/respondent was repudiated by appellant/insurer on the ground that the vehicle was being driven by a driver, whose licence, on investigation was found to be fake and not issued by the original licensing authority. Aggrieved by the repudiation of the claim as above, the complainant/respondent filed the complaint in the District Forum. According to her, she incurred an expenditure of Rs.70,730/- towards repairs of the vehicle. Hence, she prayed that the above amount be awarded with interest.