NEW INDIA ASSURANCE COMPANY LIMITED Vs. NAFEES AHMED S/O SH AMIR AHMED

JUDGEMENT

(1.) THIS is insurer's appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 14.07.2010 passed by the District Forum, Nainital in consumer complaint No. 03 of 2010. By the order impugned, the District Forum has allowed the consumer complaint and directed the appellant opposite party to pay sum of Rs. 4,16,500/ - to the respondent complainant together with interest @6% p.a. pendente lite and future and Rs. 3,000/ - towards litigation expenses. The complainant was directed to hand over the documents of the vehicle / submit letter of subrogation to the insurance company. It was also directed that the salvage of the vehicle shall remain with the insurance company.

(2.) BRIEFLY stated, the facts of the case as mentioned in the consumer complaint, are that the complainant was the owner of mini bus bearing registration No. UA04 -C -3295. The said bus was insured with the appellant The New India Assurance Company Limited for the period from 13.10.2008 to 12.10.2009 for sum of Rs. 4,25,000/ -.

(3.) THE insurance company filed written statement before the District Forum and pleaded that on investigation, it was found that at the time of the accident, the insured vehicle was being driven by its conductor, who was not holding a valid driving licence, which fact was proved in the Magisterial Enquiry; that the insured has committed breach of the terms and conditions of the policy and, as such, the claim was rightly repudiated and that there is no deficiency in service on their part.