Date of Decision: 10.7.2014
First Appeal – 837/2012
(Arising out of the order dated passed by the District Forum-VII, Sheikh Sarai, New Delhi in complaint case No. 146/2009)
| Shri Haricharan Singh S/o Sh. Amar Singh R/o A/16, Nehru Nagar, New Delhi | .........Appellant |
VS
| General Manager, Reliance General Insurance Co., Nicols House, A-270, 1st Floor, Bhism Pitamah Marg, Defence Colony, New Delhi-110 024 Also At: 705, Somdutt Chamber-II, 9, Bhikaji Cama Place New Delhi. | ........Respondent |
CORAM
Salma Noor, Member
N P Kaushik, Member (Judicial)
1. Whether reporters of local newspaper be allowed to see the
Judgment?
2. To be referred to the reporter or not?
N P KAUSHIK, MEMBER (JUDICIAL)
1. Present appeal is directed against the order dated 7.3.2012 passed by the District Forum-VII, Sheikh Sarai, New Delhi.
2. Brief facts of the case are that the vehicle Tyota Innova car was insured with the OP i.e. Reliance General Insurance Co. On the night of 19.2.2008, the driver of the complainant was coming from Oberoi Hotel towards Greater Kailash when his vehicle struck against a stationary truck/trailor loaded with iron roads. The driver of the complainant’s car succumbed to his injuries in Mool Chand Hospital. One more person was injured. An FIR was registered. Complainant informed the appellant of the accident immediately. After the incident official of the appellant visited the site. The appellant repudiated the claim of the complainant stating that the driver of the vehicle in question was under the influence of liquor when the accident took place. Contention of the appellant is that the driver was admitted to the hospital in a drunken state as per MLC. Appellant relied upon the terms and conditions of the policy. Relevant portion of which is reproduced below:-
“The company shall not be liable to make any payment in respect of
a)…………………………….
b)………………………….
c)…………………………
d) Any accidental loss or damage suffered whilst the insured or any person driving the vehicle with the knowledge and consent of the insured is under the influence of intoxicating liquor or drugs.”
3. Ld. District Forum observed that there is no medico legal report placed on record to show that the driver of the Toyota Innova vehicle was driving under the influence of liquor. District Forum allowed the complaint and directed the appellant to pay an insurance amount of Rs. 5,31,000/- along with interest @ 9% p.a. with effect from the date of filing of the complaint till its realization.
4. In the present appeal, the appellant stated that the driver of the vehicle in question under the influence of some intoxication. No MLC of the deceased driver has been placed on record. Admittedly the driver of the vehicle died in Mool Chand Hospital, Delhi. There is no document on record showing that the driver of the Toyota Innova vehicle was under the influence of liquor at the time of accident. For these reasons, we are of the considered opinion that there is no illegality or infirmity in the order dated 7.3.2012 passed by the District Forum. The appeal is hence dismissed.
5. FDR, if any, deposited by the appellant be released in his favour after completing due formalities.
6. Copy of this order be provided to the parties free of costs and a copy of this order be also sent to concerned District Forum and thereafter file be consigned to record room.
Date of Decision: 10.7.2014
First Appeal – 837/2012
(Arising out of the order dated passed by the District Forum-VII, Sheikh Sarai, New Delhi in complaint case No. 146/2009)
| Shri Haricharan Singh S/o Sh. Amar Singh R/o A/16, Nehru Nagar, New Delhi | .........Appellant |
VS
| General Manager, Reliance General Insurance Co., Nicols House, A-270, 1st Floor, Bhism Pitamah Marg, Defence Colony, New Delhi-110 024 Also At: 705, Somdutt Chamber-II, 9, Bhikaji Cama Place New Delhi. | ........Respondent |
CORAM
Salma Noor, Member
N P Kaushik, Member (Judicial)
1. Whether reporters of local newspaper be allowed to see the
Judgment?
2. To be referred to the reporter or not?
N P KAUSHIK, MEMBER (JUDICIAL)
1. Present appeal is directed against the order dated 7.3.2012 passed by the District Forum-VII, Sheikh Sarai, New Delhi.
2. Brief facts of the case are that the vehicle Tyota Innova car was insured with the OP i.e. Reliance General Insurance Co. On the night of 19.2.2008, the driver of the complainant was coming from Oberoi Hotel towards Greater Kailash when his vehicle struck against a stationary truck/trailor loaded with iron roads. The driver of the complainant’s car succumbed to his injuries in Mool Chand Hospital. One more person was injured. An FIR was registered. Complainant informed the appellant of the accident immediately. After the incident official of the appellant visited the site. The appellant repudiated the claim of the complainant stating that the driver of the vehicle in question was under the influence of liquor when the accident took place. Contention of the appellant is that the driver was admitted to the hospital in a drunken state as per MLC. Appellant relied upon the terms and conditions of the policy. Relevant portion of which is reproduced below:-
“The company shall not be liable to make any payment in respect of
a)…………………………….
b)………………………….
c)…………………………
d) Any accidental loss or damage suffered whilst the insured or any person driving the vehicle with the knowledge and consent of the insured is under the influence of intoxicating liquor or drugs.”
3. Ld. District Forum observed that there is no medico legal report placed on record to show that the driver of the Toyota Innova vehicle was driving under the influence of liquor. District Forum allowed the complaint and directed the appellant to pay an insurance amount of Rs. 5,31,000/- along with interest @ 9% p.a. with effect from the date of filing of the complaint till its realization.
4. In the present appeal, the appellant stated that the driver of the vehicle in question under the influence of some intoxication. No MLC of the deceased driver has been placed on record. Admittedly the driver of the vehicle died in Mool Chand Hospital, Delhi. There is no document on record showing that the driver of the Toyota Innova vehicle was under the influence of liquor at the time of accident. For these reasons, we are of the considered opinion that there is no illegality or infirmity in the order dated 7.3.2012 passed by the District Forum. The appeal is hence dismissed.
5. FDR, if any, deposited by the appellant be released in his favour after completing due formalities.
6. Copy of this order be provided to the parties free of costs and a copy of this order be also sent to concerned District Forum and thereafter file be consigned to record room.
