Sri Shyamal Gupta, Member

Aggrieved with the decision of the Ld. District Forum, Hooghly dated 29-07-2016, passed in CC/165/2013, this Appeal is preferred for setting aside the same.

The dispute relates to repudiation of an insurance claim in respect of the insured vehicle of the Respondent by the Appellant.

Both sides were represented by their respective Ld. Advocates, who were heard at length at the time of hearing and documents on record gone through.

The moot point for determination in this Appeal is, whether by repudiating the subject claim of the Respondent over violation of Motor Vehicles Act, the Appellant committed any act of deficiency in service, or not.

It appears from the impugned order that the Hon’ble Supreme Court already deliberated upon an identical issue in B.V. Nagaraju vs M/S. Oriental Insurance Co., AIR 1996 SC 2054.  The relevant portion of the observation of the Hon’ble Court being already mentioned in the impugned order, we refrain from reproducing the same here. 

The law in this regard being settled by the Highest Court of Land, it was highly improper on the part of the Appellant to turn down the instant claim of the Respondent. 

We, therefore, deem it appropriate to dismiss this Appeal with a cost of Rs. 20,000/- being payable by the Appellant to the Respondent.  The impugned order sustains.