First Appeal Nos. 827 and 828 of 2007. Case: Smt. Savitri Dattatraya Powar and Ors. Vs Divisional Officer, National Insurance Co. Ltd. and Ors.. Maharashtra State Consumer Disputes Redressal Commission

Case NumberFirst Appeal Nos. 827 and 828 of 2007
CounselFor Appellant: Mr. Jayant Bardeskar, Advocate and For Respondents: None
JudgesS.B. Mhase, Presiding Member, Dhanraj Khamatkar, Member and Narendra Kawde, Member
IssueConsumer Protection Act, 1986 - Section 13(4)
Judgement DateJanuary 21, 2013
CourtMaharashtra State Consumer Disputes Redressal Commission


Narendra Kawde, Member

  1. Both these appeals are filed by same Appellants against the same Respondent challenging a common order dated 12/5/2007 passed by the District Forum, Kolhapur in two consumer complaints bearing Nos. 223 of 2006 and 224 of 2006. Since these appeals involve identical facts and common question of law for adjudication both these appeals are disposed of simultaneously by this common judgment and order. Smt. Savitri Dattatraya Powar and Smt. Laxmi Dattatraya Powar, who are the Appellants Nos. 1 and 2 herein respectively and who were the original Complainants Nos. 1 and 2 respectively in the two consumers filed before the District Forum, both are widows of Late Mr. Dattatraya Keshav Powar, while the Appellant No. 3/original Complainant No. 3, Mr. Gautam Dattatraya Powar is the son of deceased Mr. Dattatraya Keshav Pawar. (Hereinafter all the Appellants shall be collectively referred to as 'the Complainants') Late Mr. Dattatraya Keshav Pawar had insured his vehicle '10 seater Toyota Qualis' bearing R.T.O. Registration No. MH-24-C-2777 with the Respondent/original Opponent, National Insurance Company Ltd. (hereinafter referred to as 'the Insurance Company'' for the sake of brevity) under 'Private Car Policy B Package' bearing policy No. 270801/31/04/6114874. The policy was valid through the period from 11/2/2005 to 10/2/2006. The Insured Declared Value (I.D.V.) of the vehicle was Rs. 3,00,000/-. Under the same insurance policy a compulsory personal accident insurance cover was extended to the driver of the insured vehicle to the extent of Rs. 2,00,000/- on accepting premium of Rs. 100/-.

  2. On 24/4/2005 viz. during the validity of the insurance policy, while Mr. Dattatraya Keshav Pawar was driving the insured vehicle, it met with an accident on Miraj - Pandharpur Road. In the said accident driver Mr. Dattatraya Keshav Powar succumbed to injuries and died. The Complainants lodged two claims with the Insurance Company. First claim was pertaining to personal accident cover extended to the driver under the insurance policy while for the second claim the Complainants called upon the Insurance Company to indemnify the loss caused due to damage sustained to insured vehicle in the accident. However, both these claims were repudiated by the Insurance Company for the only reason that the insured vehicle was used in breach of policy conditions in respect of limitations as to use. Feeling aggrieved thereby, the Complainants...

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