Per – Hon’ble Mr. S. R. Khanzode, Judicial Member
This appeal which is one of the oldest one pending on the file takes an exception to an order dated 21/2/2002 passed by the District Consumer Disputes Redressal Forum, Satara (‘the Forum’ in short) in Consumer Complaint No.15 of 2011, Sou. Saraswati Dhondiram Patil Vs. The Manager, The Oriental Insurance Company Ltd.
[2] At the time of hearing, Appellant/original Opponent (hereinafter referred to as ‘the insurance company’ for the sake of brevity) remained present through Adv. Jaiwant S. Chandnani, while the Respondent/original Complainant (hereinafter referred to as ‘the Complainant’ for the sake of brevity) who was given due intimation of the date fixed, failed to remain present. In the circumstances, we proceed to hear the appeal in absence of the Respondent/original Complainant.
[3] It is a case about insurance claim of a vehicle which met with an accident on 23/7/1999. The claim being repudiated, a consumer complaint was filed. The Forum, upon hearing both the parties, was pleased to allow the consumer complaint directing the insurance company to pay compensation of `60,000/- for damage to the insured vehicle alongwith interest and further awarded compensation of `10,000/- for mental torture and `2,000/- as costs. Feeling aggrieved thereby the insurance company preferred this appeal.
[4] Insurance policy and the fact of insured vehicle met with an accident as well as expenses incurred for repairs on the insured vehicle, are not in dispute. What is disputed is that since the insured vehicle was driven in breach of conditions of the insurance policy viz. plying the same on hire or reward, the claim stood repudiated. Accordingly, only point that is pressed before us in this appeal is as to justify the repudiation in the above-referred circumstances. No other point was pressed before us on behalf of the insurance company. The travelers of the insured vehicle at the time of accident stated on an oath through their respective affidavits that they were on tour of pilgrimage and for which, they being relatives and friends of the owner of the insured vehicle, the insured vehicle was made available to them. It was not made available on hire or reward. There is hardly any evidence adduced on behalf of the insurance company to speak otherwise and/or to justify their repudiation. The affidavit of investigator, namely – Mr. D. S. Jadhav is also not on record. Under the circumstances, we find no reason to take a different view than what has been taken by the Forum. The appeal is devoid of any substance and holding accordingly, we pass the following order:-
ORDER
The appeal stands dismissed.
No order as to costs.
Pronounced on 1st December, 2011
