ORDER

A.P. Sahi, President.—The petitioner/complainant claimed indemnity under an Insurance Policy on the ground that his vehicle Toyota Qualis had met with an accident on 18.11.2003. For this, the complainant relied on the Police Daily Diary No.18 dated 18.11.2003, a copy whereof is Annexure P-6 to the compilation. This narrated that the vehicle was being driven by Sunil Kumar, the Driver of the complainant, who while driving the vehicle on GT Road from Gharaunda to New Delhi was obstructed by the crossing of a blue bull/cow and in order to save a collusion, he applied brakes at the spur of the moment as a result whereof the vehicle met with an accident and damage was caused.

2. The Insurance Company on a claim being put forwarded appointed an Investigator Mr. R.N. Sharma, (Retd. Deputy Superintendent of Police), who submitted a report on 08.03.2004, whereafter, Insurance Company came to the conclusion that the claim was not admissible as it was found that the vehicle was being driven by one, Mr. Ram Niwas and the alleged incident of upturning of the vehicle seems to have taken place on 15.11.2003, which was also doubtful as further investigation into the matter revealed no evidence of the accident. Consequently, the claim was repudiated on the ground that no accident was established and there is no convincing evidence to support the same.

3. The complainant filed Complaint Case No.477 of 2005 that was dismissed by District Consumer Disputes Redressal Forum, Karnal on 18.09.2007.

4. Aggrieved by the aforesaid order, the complainant filed First Appeal No.2948 of 2007 before the State Commission that was also dismissed on 22.10.2012.

5. Assailing the aforesaid orders, the present Revision Petition has been filed contending that the petitioner has relied on Police Daily Diary Report dated 18.11.2003 that has been duly certified and issued by the concerned Police Station and which is an official information in terms of Section 155 of the earlier Criminal Procedure of Code. To the contrary, the Daily Diary Report dated 15.11.2003 relied by the Investigator does not bear any stamp of certification of the concerned Police Station and is not an official document. It is therefore, submitted that this contradiction which was sought to be introduced by the Insurance Company on the basis of uncertified documents could not have been taken as evidence for suspecting the accident.

6. It is further submitted that the accident had occurred, which fact cannot be disputed and consequently to deny the claim on such weak evidence is unsustainable and the impugned orders deserve to be set aside.

7. The Insurance Company had appointed Surveyor M/s. V.P. Singhal & Co. who had certain queries from the complainant vide letter dated 29.04.2004 to which a reply was given by the complainant on 05.06.2004. The claim was thereafter repudiated vide letter dated 06.10.2004, which is extracted herein under:-

“NATIONAL INSURANCE COMPANY LIMTIED

Branch Office

Dhanwant Building

GT Road, Karnal-132001

Ref. No.420501/3103/ Dated:

6100439/2664 06/10/2004

“To,

Sh. Kulwant Singh S/O Shisha Singh

Near Girls Govt. School,

Ward No.6, Gharaunda,

District Karnal.

Sir,

Re: Reported accident to vehicle No.HR01J-9292

Toyota Qualis on 18.11.2003

Under policy No.420501/3103/6102751

This has reference to your intimation dated 24/11/2003 informed us about the above accident and claim from submitted by you duly filled in and signed related to above claim.

We are to inform you that the above case was entrusted to an Investigator on our panel for fact finding thereof. On scrutiny of above documents submitted by you and investigation report the following have been observed:-

i) As per claim form/ intimation, Sh. Sunil Kumar is reported to be shown on the wheels at the material time of accident and DDR No.18 dt. 18.11.2003 has been got registered by you with PS Murthal. As per column 7 of the claim form none has sustained injury out of above accident.