Arijit Pasayat, J. - (1.) Leave granted.
(2.) The United Insurance Company Limited (hereinafter referred to as the insurer) and its Branch Manager, Purulia Branch call in question legality of the order passed by the National Consumer Disputes Redressal Commission (in short the National Commission) upholding the order of the State Consumer Disputes Redressal Commission (in short the State Commission). The revision filed under the Consumer Protection Act, 1986 (in short the Act) was dismissed. The respondent (hereinafter referred to as the complainant) had lodged a complaint before the District Consumer Disputes Redressal Forum, Purulia (in short the District Forum) alleging that the appellants had erroneously repudiated the claim made by him for the damage suffered by him on account of an accident covered by the policy of insurance taken by him.
(3.) The factual background in a nutshell is as follows: The complainant is the owner of an Ambassador Diesel Car which was registered as a taxi and was hired by the Executive Engineer, Agri-Make Division, Purulia for official use. The vehicle was the subject matter of insurance under an insurance policy for the period from 5-2-1992 to 4-2-1993. On 28-4-1992 at about 5.30 p.m. an Eucalyptus tree under which the car was parked fell on the car and extensive damage was caused and without repairing the vehicle could not have been made road worthy. The incident was reported to the Insurance Company who repudiated the claims on the ground that it was not covered by the policy.;