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R.S.AWASTHI, VEENA MISRA, V.K.AGRAWAL
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
SPARKLE HOSPITAL PVT. LTD. – Respondent


Advocates:
Counsel for the Parties :
For the Appellant :Mr. L.D. Dewaras, Advocate.
For the Respondent:Mr. Sudhir Chandel, Advocate.

ORDER

Mr. Justice V.K. Agrawal, President—This appeal under Section 15 of the Consumer Protection Act, 1986, is directed against the order dated 13.7.2004 in Complaint No. 396/2003 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called the ‘District Forum’ for short), directing the appellant/insurer to pay to complainant/respondent compensation of Rs. 32,444/- with interest @ 9% p.a., besides Rs. 1,000/- as cost of the complaint.

2. Indisputably, the complainant/respondent is the owner of Nursing Home run by him in the name of ‘Eakta Institute of Child Health’, Shanti Nagar, Raipur. He owns a vehicle Maruti Van bearing registration No. CG-04-ZD/9258 for being used as an Ambulance to escort patients of the said Nursing Home. It also appears that the complainant comprehensively insured the said vehicle with appellant/insurer, covering the risk from 22.11.2002 to 21.11.2003. The said vehicle met with an accident on 7.1.2003, intimation whereof was given by the complainant to the appellant/insurer. The claim, however, was repudiated by the appellant/insurer by their letter dated 28.7.2003. Aggrieved by the repudiation of his claim, the complainant approached the Distri












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