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2010 DIGILAW 149 (JK)

Divisional Manager, Oriental Insurance Co. v. Paramjeet Singh

2010-03-22

B.L.Saraf, G.D.Sharma

body2010
Per Justice G.D. Sharma, J. 1. The appellant O I C has challenged the disorder passed by the Learned Divisional Forum (Forum hereinafter), on 27.09.2003, whereby the appellant was directed to pay to the respondent a sum of Rs. 78659/- with interest @ 6% from June 2002 till realization of the amount. According to the appellant the impugned order was against the law and the facts. 2. The facts, which have given rise to this appeal is that, the respondent (complainant before the Learned Forum) was owner of Motor vehicle No. JK02 F-2537, which he had insured with the appellant (OPs in the Forum). The Insurance Policy was effective from 23.02.2001 to 22.02.2002. It was alleged that the vehicle got damaged in an accident on 18.01.2002 at 8:30 p.m, near Barian village P/S Samba. A criminal case was registered in police post Supwal u/s 279, 337 RPC. The Insurer (the appellant) was duly informed of the damage and loss suffered by the vehicle. The appellant deputed surveyor to assess the loss, which was assessed at Rs. 78659/-. However, the insured respondent was not indemnified of the loss and his claim was repudiated vide letter dated. 12.11.2002. They found that the accident was manipulated, whereupon the respondent approached the Learned Forum. The Learned Forum examined the matter and allowed the complaint and ordered reimbursement to the respondent as indicated at the outset. The insurer, having felt aggrieved of the order, has come before this Commission with this appeal. 3. Heard the counsel for the parties and examined the file carefully. 4. The Learned Counsel for the appellant has submitted that the case suffers from non-joinder of the parties, in as much as the OIC has not been impleaded as an OP while as, only its officers have been arrayed as the OPs in the complaint. Because of this infirmity the complaint required its dismissal. His further arguments are that the Learned Forum has snot appreciated the facts properly. That there are material contradictions in the evidence because, the respondent has deposed that the bus was empty when the alleged accident took place while as in FIR, presence of passengers in the bus is shown by stating that no passenger was injured. His further arguments are that the Learned Forum has snot appreciated the facts properly. That there are material contradictions in the evidence because, the respondent has deposed that the bus was empty when the alleged accident took place while as in FIR, presence of passengers in the bus is shown by stating that no passenger was injured. That on reading Para's 3 and 7 of the complaint it is revealed that the alleged accident had taken place near a place on the National Highway known as Barean but in the FIR final Police report which was submitted in the court of law for the commission of offence u/s 279 RPC, it is mentioned that the offended bus was plied from village Bada Dagode towards Samba when at about 8:30 p.m accident occurred because of the negligence of the driver. The counsel has further shown the discrepancy regarding the fact how the accident had happened, as in the survey report made the survey Khazanchi and in the Police challan there is a discrepancy. 5. It is to be borne in mind that under the Consumer Protection Act, the liability of the insurer has to be determined within the limits of the contract of insurance and a Consumer Forum is not required to apprise and sift the evidence like in the criminal or civil matters. The discrepancies which are being projected with regard to the cause of the accident and the place of the accident have no bearing for the decision of the complaint under the Consumer Protection Act. From the perusal of the impugned order, we find that the Learned Forum has in detail taken aspect of each and every material fact and circumstance in fixing the liability on the appellants. We do not find any illegality or infirmity in the impugned order. In this view of the matter, the appeal is found meritless which is dismissed with cost of Rs. 2,000/- . The appeal is consigned to records and the record of the Forum be returned at once.