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R.S.AWASTHI, V.K.AGRAWAL, VEENA MISRA
PRAVIN KUMAR JAIN – Appellant
Versus
UNITED INDIA INSURANCE CO. LTD. – Respondent


Advocates:
Counsel for the Parties :
For the Appellant :Mr. Pradeep Shukla, Advocate.
For the Respondents:Mr. Dashrath Gupta, 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 15.9.2005 in Complaint No. 2/2004 by District Consumer Disputes Redressal Forum, Korea, Baikunthpur (hereinafter called the ‘District Forum’ for short) dismissing the appellant’s complaint.

2. Indisputably, the complainant is the owner of vehicle ‘Qualis’ bearing registration No. CG-16/1364 which was comprehensively insured by the respondent/insurer, covering the risk thereof from 23.6.2002 to 22.6.2003. The insurer’s declared value of the vehicle as well as the assured amount was Rs. 5,30,000. It is also not in dispute that the vehicle while proceeding from Manendragarh to Raipur met with an accident on 12.10.2002 near ‘Gadaria Nala’. FIR was lodged on the same day, i.e., on 12.10.2002 and an offence was registered. Two passengers one of whom was Dr. Swati Pandey, died in the accident.

3. The averments in the complaint are that the complainant intimated about the accident to the insurer by his letter dated 19.10.2002. The complainant’s uncle Raj Kumar Jain also intimated about the incident to the respondent/insurer by his letter dated 14.12.
















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