Rajasthan

StateCommission

A/235/2021

Sukhram Singh S/o Mohanlal - Complainant(s)

Versus

The Oriental Insurance Company Ltd. - Opp.Party(s)

Monu Kumar

07 Apr 2021

ORDER

BEFORE THE RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION ,JAIPUR

 

FIRST APPEAL NO:235/ 2021

 

Sukhram Singh s/o Sh.Mohan Lal r/o Nagla Kewal, Tehsil & Distt. Bharatpur.

Vs.

The Oriental Insurance Co.Ltd. Head office 25/27 Asif Ali Road, New Delhi through Chairman & ors.

 

Date of Order 7.4.2021

 

Before:

Hon'ble Mr. Justice Banwari Lal Sharma-President

Hon'ble Mr.Shailendra Bhatt -Member

 

Mr.Kartar Singh Fauzdar counsel for the appellant

 

BY THE STATE COMMISSION ( PER HON'BLE MR. JUSTICE BANWARI LAL SHARMA, PRESIDENT ):

 

Heard on admission.

 

2

 

The present appeal is preferred by the appellant complainant against the order dated 16.2.2021 passed by the learned DCF Bharatpur in Complaint Case No. 156/2019 (Sukhram Singh Vs. The Oriental Insurance Co. Ltd. & ors.) whereby the learned DCF dismissed the complaint.

 

Mr.Kartar Singh Fauzdar learned counsel appering on behalf of the appellant submits that the insured vehicle was burnt by fire while plying it. He submits that insurance company repudiated the claim only on the ground that installation of LPG kit and LPG cylinder for plying the vehicle is without permission of the insurer and after taking insurance policy. He submits that endorsement regarding LPG kit has been made in the regstration certificate but insured could not made information to the insurer but same cannot be ground for repudiation of the claim. Without considering this fact the learned DCF wrongly dismissed the complaint.

 

We have considered the submissions made by the learned counsel for the appellant.

 

The commencement of policy is from 8.6.2017 to

3

 

7.6.2018 and the vehicle was burnt on 4.5.2018. It is an admitted position that at the time of taking the policy there was no LPG cylinder kit in the subject vehicle which was installed without permission and information to insurer and the cause of fire is also the LPG cylinder gas kit. Considering this fact the learned DCF dismissed the complaint on the ground that there is breach of policy condition which does not require any interference by the Commission.

 

Accordingly, the appeal devoid merits which is hereby dismissed summarily.

 

(Shailendra Bhatt) (Banwari Lal Sharma)

Member President

 

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