PT RAMA NAND SHASTRI Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This appeal is by the complainant challenging order of District Forum, Jalandhar whereby his complaint was dismissed.

(2.) The complaint was filed against Oriental Insurance Co. Ltd. , who had repudiated the claim with respect of Bajaj Auto-rickshaw, which was got insured immediately after its purchase by the complainant from the Insurance Company. The insurance policy was in the sum of Rs.39,000/-. The policy commenced from September 14,1991 for a year. The complainant had purchased three wheeler on September 13,1991 for Rs.38,602/-. On March 9, 1992 complainant's employee Yadwinder Singh had taken away the autorickshaw and did not return. A report with Police Station Gobind Nagar (Kanpur) was lodged on that very day vide No.132. The police filed the case as not traced as per report made on September 9,1992. The claim was made with the Insurance Company who repudiated the claim as alleged on July 16, 1993 and the District Forum was approached on August 20, 1993. The Insurance Company took up the plea that the repudiation made on July 16, 1993, was valid. Some other pleas were also taken that the matter was not covered under the insurance policy or it was not a consumer dispute. Both the parties led their evidence on affidavit and documents. The District Forum while dismissing the complaint observed that since the factum of theft was denied it was beyond the scope of the Forum to go into it. It was further observed that three-wheeler purchased was for transportation of the goods and used for commercial purposes. There was averment in the complaint that auto-rickshaw was purchased for complainant's personal use. Thus complaint was liable to be dismissed and so ordered.

(3.) The approach of the District Forum in the present case is entirely untenable in law. The present is a simple case of the complainant hiring services of the Insurance Company under the insurance policy taken and deficiency in rendering the same as the Insurance Company did not settle the claim with respect to the loss of the three, wheeler which was got insured. In the matter of hiring services for consideration, the element of commercial activity is irrelevant.