First Appeal No. 75 of 2012. Case: ICICI Lombard General Insurance Company Ltd. Vs Jeet Singh. Uttaranchal State Consumer Disputes Redressal Commission
| Case Number | First Appeal No. 75 of 2012 |
| Counsel | For Appellant: Yogesh Sethi, Advocate and For Respondents: R.P. Bhatt, Advocate |
| Judges | B.C. Kandpal, J. (President) and D.K. Tyagi and Veena Sharma, Members |
| Issue | Consumer Protection Act, 1986 - Section 15 |
| Citation | I (2015) CPJ 174 (Uttar.) |
| Judgement Date | January 19, 2015 |
| Court | Uttaranchal State Consumer Disputes Redressal Commission |
Order:
B.C. Kandpal, J. (President)
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This is insurer's appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 26.3.2012 passed by the District Forum, Tehri Garhwal in consumer complaint No. 03 of 2009. By the order impugned, the District Forum has allowed the consumer complaint and directed the appellant-Insurance Company to pay compensation of Rs. 2,94,601 to the respondent-complainant together with Rs. 1,000 towards damages and Rs. 2,000 towards litigation expenses, within a month from the date of the order, failing which the complainant was also held entitled to interest @ 6% p.a. on the above amount from the date of filing of the consumer complaint till payment. The Insurance Company was held entitled to the salvage of the vehicle. Briefly stated, the facts of the case as mentioned in the consumer complaint, are that the complainant was the registered owner of vehicle No. UA09/5842 (maxi cab). On 18.4.2008, the said vehicle was carrying a marriage party and the same met with an accident near Majyakot. It was alleged that at the time of the accident, 10 persons including driver were sitting in the vehicle and in the said accident, the driver died. It was also alleged that in the said accident, the vehicle was totally damaged. The intimation of the accident was given to the Insurance Company, who sent its Surveyor at the spot on 20.4.2008. The vehicle was taken to Krishna Motors, Rishikesh for repairs, who gave an estimate of repairs to the tune of Rs. 3,48,003. The claim lodged by the complainant was not settled by the Insurance Company and alleging deficiency in service on the part of the Insurance Company, the complainant filed a consumer complaint before the District Forum, Tehri Garhwal.
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The Insurance Company filed written statement before the District Forum and pleaded that at the time of the accident, 12 persons were travelling in the vehicle in question against the permitted seating capacity of 10; that since the complainant has violated the terms and conditions of the policy and hence the claim was not payable and that there is no deficiency in service on their part.
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The District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 26.3.2012 in the above manner. Aggrieved by the said order, the Insurance Company has filed the present appeal.
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We have heard the learned Counsel for the parties and have also perused the record.
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There...
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