S.C.VYAS,PRESIDENT (ORAL) - (1.) THIS appeal has been filed against order dated 25.4.2007 on complaint case No. 72/06 passed by District Consumer Disputes Redressal Forum, Bastar at Jagdalpur (hereinafter called "District Forum" for short). The appellant herein, is an Insurance Company and its officers, who have been directed to pay Rs. 6,70,057 along with interest payable from 16.10.2006 @ 9% p.a. to the respondents on account of insurance policy in respect of vehicle and personal accident.
(2.) IT is not in dispute that a Maruti Car Alto LXC was insured by the appellant and was of the ownership of deceased Dr. Veer Kishor Tirki. As per the story, Dr. Veer Kishor Tirki and Dr. Smt. Vinay Prabha Tirki, son and daughter -in -law of respondent Nos. l and 2 and father and mother of respondent Nos. 3 and 4, had purchased that car and insured it with the appellants. In the insurance contract both of them were also insured against accidental death for Rs. 2,00,000 each and insured value of the vehicle was Rs. 2,59,557. The vehicle met with a road accident on 27.10.2004, in which Dr. V.K. Tirki and his wife both died. The car was also damaged totally. Police information was recorded and Insurance Company was also intimated and when the claim was not allowed by the Insurance Company then complaint was filed before District Forum.
(3.) IN reply the Insurance Company asserted that the District Forum, Jagdalpur has no jurisdiction to entertain the complaint. The complaint was also objected on some other grounds. This objection has also been taken that a claim has also been filed before the Claims Tribunal by some other persons and a petition in respect of guardianship of respondent Nos. 3 and 4, is also pending before District Judge, Jabalpur. It had been requested that till this cases be disposed of, the complaint should not be adjudicated. Learned District Forum after taking into consideration the material placed before it, has passed impugned award in favour of complainants/respondents.;