B.C.KANDPAL, J. - (1.) THIS is insurer's appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 08.04.2011 passed by the District Forum, Haridwar in consumer complaint No. 17 of 2011. By the order impugned, the District Forum has allowed the consumer complaint and directed the appellant to pay the balance claim amount of Rs. 1,65,837/ - to the respondent together with compensation of Rs. 10,000/ -. 2
(2.) BRIEFLY stated, the facts of the case as mentioned in the consumer complaint, are that the complainant is the registered owner of vehicle No. UK08 -TA -0536, which was insured with the appellant Reliance General Insurance Company Limited at an IDV of Rs. 8,17,950/ - for the period from 27.04.2009 to 26.04.2010. The said vehicle was being used by the complainant as a taxi for earning his livelihood. It was alleged that during the validity of the insurance policy, the insured vehicle met with an accident on 13.02.2010. The intimation of the accident was given to the insurance company, who appointed surveyor for assessment of loss. The complainant lodged the claim with the insurance company and completed all the formalities. The repair bills of the vehicle were to the tune of Rs. 2,74,061/ - and the complainant requested the insurance company to pay the said amount. However, the insurance company settled the claim of the complainant for sum of Rs. 1,08,224/ -, but did not pay the remaining claim amount. Thus, alleging deficiency in service on the part of the insurance company, the complainant filed a consumer complaint before the District Forum, Haridwar.
(3.) THE insurance company filed written statement before the District Forum and pleaded that the documents of the vehicle were not valid on the date of the accident; that the vehicle was not having a valid and effective driving licence and that there is no deficiency in service on their part. The District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 08.04.2011 in the above manner. Aggrieved by the said order, the insurance company has filed the present appeal.3;