- (1.) THIS is an appeal by the Insurance Company against the order dated 22.9.2003 passed by the District Forum, Haridwar whereby the complaint of the complainant was allowed.
(2.) THE brief facts of the case are that the complainant Sh. Har Mohan Singh had purchased a bus from Sh. Harish Kumar Vig on 20.5.2000. It was insured. During the insurance period it met with an accident. It fell down in the river. He lodged the claim with the Insurance Company but after survey the Insurance Company rejected the claim vide letter dated 1.3.2001. The letter dated 1.3.2001 does not appear to have been filed but it is evident from the evidence and judgment of the learned Forum that the rejection was because the vehicle was not insured in the name of the complainant on the date of accident.
(3.) TO the same effect is the plea of the Insurance Company. However it is alleged in para 6 of the written statement that the vehicle was not registered in the name of the complainant by the registering authority on the date of accident. After taking the evidence of the parties and hearing them, the learned Forum awarded the damages of Rs. 92,319/ -, the amount of loss assessed by the Surveyor along with interest and cost of litigation, therefore, this appeal was filed.;