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B.K.TAIMNI, ASHOK BHAN
New India Assurance Co. Ltd. – Appellant
Versus
Wakil Ahmad – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. K.L. Nandwani, Advocate.
For the Respondent:Mr. Sanjay Kr. Ghosh, Advocate.

ORDER

Ashok Bhan, President—Petitioner was the opposite party before the District Forum, where the respondent/ complainant filed a. complaint alleging deficiency in service on the part of the petitioner Insurance Company.

2. Very briefly stated the facts of the case are that the respondent/complainant had insured his vehicle with the petitioner for the period from 7.3.96 to 6.3.97 which met with an accident. The matter was reported to the police. The respondent got the vehicle repaired after incurring an expenditure of Rs.82,661 and filed his claim along with bills for refund of this amount, which was repudiated on the ground that the vehicle which was meant for carrying goods, but it was found to be carrying passengers, thus, violated the terms of the policy. It is in these circumstances, a complaint was filed before the District Forum, who allowed the complaint and directed the petitioner to pay Rs.82,661 along with interest @12% p.a.. from 10.6.96 till the date of realization. Aggrieved by this order, an appeal was filed before the State Commission, which was dismissed by the State Commission relying upon the order of the District Forum, which had relied upon the order of State C










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