For the Complainant : Smt.Joshi, Advocate
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Per :- Mr. J. L. Deshpande, President Place : Bandra
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Oral Order regarding admission of the complaint:-
Complainant in person is present. Heard the Complainant on the point of the admission. Perused the documents annexed to the complaint.
2 The Complainant is owner of the vehicle and while it was driven by driver (son of the Complainant) accident occurred on 28.10.2010. The Complainant submitted claim to the Insurance Company and vide letter, dated, 31.01.2011, Insurance Company repudiated the claim. The Complainant filed petition before Insurance Ombudsman and there also he remained unsuccessful, then the present complaint.
3 The Opposite party –Insurance Company has repudiated the claim of the Complainant on the following grounds :-
“Driver (Son of the Complainant) of the vehicle at the time of loss was under the influence of the Alcohol”. The Complainant has annexed copy of F.I.R. lodged by son of the Complainant on 28.10.2010 at D.N.Nagar Police Station, Mumbai. It appears that thereafter, the driver i.e. son of the Complainant by name of Mr.Raunaoq Ahuja was referred to Dr.R.N. Cooper Municipal General Hospital and there on examination he was found smelling of alcohol and pupils dilated. Injury Certificate contain following observations :-
“pt consumption of alcohol.
but Not influence of alcohol.
Blood sample send to Forensic lab”.
4 It appears that the blood sample was collected and it was sent to Chemical Analyzer (C.A.) and the report of alcohol examination shows that the blood contained 0.115% of alcohol, which was beyond permissible limit.
5 All the above facts were considered the Insurance Ombudsman in its order, dated, 09.12.2011.
6 From the record, it appears that on consumption of alcohol, son of the Complainant had driven the vehicle which met with an accident. Thus, there was breach of the condition of Policy.
7 Having regarded to above facts, we find that Insurance Company was justified in repudiating the claim.
Hence, we proceed to pass the following order.
::::: ORDER :::::
(1) Complaint is not admitted and rejected under section-12(3) of Consumer Protection Act, 1986.
(2) Copy of this order to be issued to the Complainant only free of costs.
