- (1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 is directed against the order dated 31.1.2004 in Complaint No. 209/2003 by District Consumer Disputes Redressal Forum, Durg (hereinafter called the District Forum for short) directing the appellant/insurer to pay to the complainant/respondent Rs. 2,00,000/ - towards compensation on account of theft of his vehicle.
(2.) UNDISPUTABLY , the complainant/appellant is the owner of Tata Sumo vehicle bearing registration No. 23 -GA -3086. It was comprehensively insured with the appellant for the period from 6.9.2000 to 25.9.2001 for an assured sum of Rs. 2,00,000/ -. Allegedly when the complainant/appellant had gone to Navrangpur with one Sunil Kumar the said vehicle was stolen by latter on 2.11.2000. The complainant, therefore, lodged the report of the incident on 3.11.2000 and also submitted claim form to the appellant/insurer for payment of amount of compensation under the said Insurance policy. The complainant s claim was, however, repudiated by the respondent/insurer. Feeling aggrieved, he preferred complaint before District Forum.
(3.) THE complaint was resisted by the respondent mainly on the ground that there was breach of terms of policy by the complainant/respondent, inasmuch as the said vehicle was being used as taxi for hire and reward while it was registered as private vehicle. The appellant/insurer, therefore, averred that the claim under the policy was not payable. The District Forum in the impugned order held that the vehicle was comprehensively insured and the appellant is liable to pay compensation of Rs. 2,00,000/ - to the complainant/respondent. Rs. 5,000/ - was awarded for the mental and physical harassment caused to the complainant/respondent.;