Per Mr. S.R. Khanzode, Hon’ble Judicial Member
This appeal takes an exception to the order dated 14.09.2001 passed in consumer complaint No. 96/1999-Mr. Salim I. Shaikh V/s The New India Assurance Co.Ltd. passed by the South Mumbai District Consumer Disputes Redressal Forum, Mumbai (the ‘Forum’ in short). The deficiency in service on the part of the Appellant-Insurance Company was alleged for repudiating the insurance claim in respect of the accident of vehicle. The Insurance Company repudiated the claim on the ground that when the vehicle met with an accident, it was used for hire purpose. Not accepting the contention of the Insurance Compaby, the Forum awarded compensation upholding the case for deficiency in service. Feeling aggrieved thereby, Insurance Company preferred this appeal.
Heard both sides. Perused the record. In the instant case, the Insurance Co. relied upon the affidavits of the Divisional ManagerMr. R.D. Redkar and Investigator Mr. R.I. Naik. Mr. Naik actually called upon the wife of the deceased who was also one of the injured persons in the accident. She did confirm the fact of taking the vehicle on hire to go Trambakeshwar/Shirdi etc. However, she preferred not to give any written statement to the Investigator for her own reasons. However, earlier she has given statement to the policy to that effect. Mr. Naik also taken into consideration the enquiry conducted by the police into the accident. Those accident enquiry papers were also produced on record. Against this ,material, there is no evidence or any evidence led on behalf of the Complainant. No doubt, it is for Insurance Co. to justify their repudiation but when the Insurance Co. placed on record such material, in absence of any evidence in rebuttal, it cannot be said that the Insurance Company failed to justify its repudiation. We hold accordingly and passed the order :
O R D E R
Appeal is allowed.
Impugned order 14.09.2001 is set aside. In the result consumer complaint stands dismissed.
In the given circumstances, both the parties to bear their own cost.
Pronounced dated 8th August 2011.
