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2008 Supreme(Chh) 349

V.K.PATIL, S.C.VYAS, VEENA MISRA
BASANTI MANDAL – Appellant
Versus
NATIONAL INSURANCE CO. LTD. – Respondent


Advocates Appeared:
Shri R.K. Bhawnani, Advocate, for the Appellant.
Shri Harshad Vyas, Advocate, for the Respondent.

ORDER

As per Hon 'ble Shri S.C. Vyas, President :

1. Indisputably, the husband of the appellant complainant Nepal Chand was owner and driver of Jeep No. MP - 23/4859 on the date of accident, when said vehicle was involved in a road accident and Nepal Chand died. Complainant appellant after tiling claim before insurance company, preferred complaint case No.156/05 before District Consumer Disputes Redressal Forum, Raipur (hereinafter called "District Forum" for short), demanding Rs.l ,00,000/- more from the insurance company on the ground that this amount is payable under the accidental benefit of the insurance policy. Complaint was dismissed by District Forum vide order dated 06.03.06, hence this appeal.

2. The contention of the complainant before District Forum as well as before this Commission is that additional premium ofRs.300/- has been paid by the complainant while getting the vehicle insured for 6 persons including the person who was driving the vehicle and was also the owner of the vehicle. This contention was not accepted by the District Forum and the arguments of the insurance company that owner driver was not covered under the insurance policy, has prevailed. Apart from the











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