First Appeal No. 64 of 2014. Case: Oriental Insurance Company Ltd. Vs Lata Chandel. Himachal Pradesh State Consumer Disputes Redressal Commission
| Case Number | First Appeal No. 64 of 2014 |
| Counsel | For Appellant: Deepak Bhasin, Advocate and For Respondents: Rakesh Thakur, Advocate |
| Judges | Surjit Singh, J. (President) and Prem Chauhan, Member |
| Issue | Consumer Protection Act, 1986 - Section 12 |
| Citation | III (2014) CPJ 89 (HP) |
| Judgement Date | June 23, 2014 |
| Court | Himachal Pradesh State Consumer Disputes Redressal Commission |
Order:
Surjit Singh, J. (President)
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Present appeal is directed against the order dated 13.12.2013, of learned District Consumer Disputes Redressal Forum, Solan, whereby appellant, who was impleaded as an opposite party, in a complaint, filed by respondent-Lata Chand, under Section 12 of the Consumer Protection Act, 1986, has been directed to pay Rs. 5,86,676, with interest at the rate of 9% per annum, on account of insurance money, besides being directed to pay Rs. 5,000 as damages, and Rs. 5,000, as litigation expenses. Respondent owned a truck, which was insured with the appellant, in the sum of Rs. 10.50 lacs, for the period from 18.5.2011 to 17.5.2012, vide policy, Annexure-B. Vehicle met with an accident during the currency of the policy and was extensively damaged. Intimation of the accident was given to the appellant, who deputed a Surveyor. Loss was assessed at Rs. 5,86,676 by the Surveyor deputed by the appellant. However, the claim was repudiated on the ground that two unauthorized persons were on board the vehicle, when the accident took place. Respondent felt aggrieved by the repudiation of her claim and, therefore, filed a complaint, under Section 12 of the Consumer Protection Act, 1986.
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Appellant contested the complaint on the same ground, on which the claim had been repudiated.
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Learned District Forum, wide impugned order, has turned down the appellant's plea, placing reliance on a couple of precedents of this Commission and allowed the complaint.
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We have heard learned Counsel for the parties and gone through the record.
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Undoubtedly, the number of persons, on board the vehicle, at the time when the accident took place, did not exceed the limit prescribed in the registration certificate, which is 4+1. The only issue raised by the appellant...
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