Delhi

New Delhi

CC/1305/2009

Atul Kumar - Complainant(s)

Versus

M/S. National Insurance Company Ltd. - Opp.Party(s)

25 Aug 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/1305/09                          Dated:

In the matter of:

Sh. Atul Kumar,

S/o Sh. Surinder Kumar,

R/o B-53/A, Shashi Garden,

Gali no.8, Mayur Viahr,

Phase-I, Delhi-110091

……..COMPLAINANT

       

VERSUS

National Insurance Co. Ltd.,

Through its Divisional Manager,

Division no.XV, Himalaya House,

1^st Floor, 23, K.G Marg, New Delhi-110001

 

                        ……..OPPOSITE PARTIES

 

ORDER

President:  C.K Chaturvedi

The case of the complainant alleging deficiency is that his car no.DL7CH2761, insured with OP upto 07.11.08, met with an accident on 18.04.08. A FIR was registered u/s 279/337 IPC. The surveyor inspected the vehicle and the complainant got it repaired with Competent Automobiles, an authorized dealer of car, and paid Rs.25,000/- vide receipt placed on record. The complainant waited for the claim payment. However, OP repudiated the claim stating that a case FIR no.121/08, at P.S Mayur Vihar was registered u/s 279/337 and 185 of Motor Vehicle Act. The later section of MV Act punishes drunken driving. The OP stated that drunken driving is excluded and no claim is maintainable. The complaint in rejoinder has stated that the limit of alcohol is 30 mg/100 ml, but FIR only states smell of alcohol and that he was never medically examined and no report is provided by OP.

We have considered the rival position. In our considered view, that OP has to prove conviction u/s 185 MV Act is only allegation. The OP has to prove the fact. In our view, OP has repudiated the claim in arbitrary manner. We hold OP guilty of deficiency and direct it to reimburse Rs.25,000/- with interest of 9% from date of repudiation of claim and pay Rs.10,000/- for harassment and litigation expenses.

        The order shall be complied within 30 days of the receipt of the copy of the order; otherwise action can be taken under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

 

Pronounced in open Court on 25.08.2015.

 

  (C.K.CHATURVEDI)

PRESIDENT

 

 

(Ritu Garodia)

MEMBER