ORDER

Inder Singh Mehta, President.—Instant appeal is arising from order dated 06.09.2019 passed by learned District Forum, Shimla, in Consumer Complaint No.155/2016 title Pradeep Kumar Versus Branch Manager,

M/s Bharti Axa General Insurance Company, Limited.

Brief facts of Case:

2. The case of the complainant Sh Pradeep Kumar, is, that, he is registered owner of a car No. HP-08A-1110, which was insured with the opposite party M/S Bharti Axa General Insurance Company. The said vehicle met with an accident on 26.11.2015 and was totally damaged. The surveyor of the opposite party visited the spot and assessed the loss of the vehicle, to the tune of Rs.1.25 lacs, but the opposite party did not settle the claim of the complainant.

3. The opposite party has resisted the complaint and pleaded that the driver Sh. Rakesh Kumar of the vehicle in question, was under the influence of alcohol, at the time of accident and as such insurance company is not liable to indemnify the complainant. The opposite party further pleaded that quantity of Ethyl alcohol in the blood of the deceased driver Sh. Rakesh Kumar was 224.93 mg% and as such claim was repudiated vide letter dated 04.05.2016.

4. Learned