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2015 Supreme(UK) 204

B.C.KANDPAL, H.J.S., D.K.TYAGI, VEENA SHARMA
UNITED INDIA INSURANCE COMPANY LIMITED – Appellant
Versus
PRAMOD DHARIYA – Respondent


Advocates:
For the Appellant : Mr. J.K. Jain, Learned Counsel
For the Respondent: Mr. Neeraj Aggarwal, Learned Counsel

ORDER :

Per: Justice B.C. Kandpal, President (Oral):

This is an appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 27.01.2014 passed by the District Forum, Haridwar in consumer complaint No. 82 of 2013. By the order impugned, the District Forum has ex-parte allowed the consumer complaint against the appellant – opposite party and directed the appellant to pay compensation of Rs. 2,00,000/- to the respondent – complainant within a period of one month from the date of the order.

2. Briefly stated, the facts of the case as mentioned in the consumer complaint, are that the complainant was the registered owner of vehicle No. UP11-T-2271 (Tata Indica). The said vehicle was being used by the complainant for commercial purpose as a taxi. The said vehicle was insured with the opposite party – United India Insurance Company Limited for the period from 14.03.2011 to 13.03.2012 at an IDV of Rs. 1,50,000/-. It was alleged that during the currency of the insurance policy, in the morning of 22.11.2011 at 4:00 a.m., the driver of the complainant Sh. Anees alias Kalu S/o Sh. Waheed, R/o Mohalla Sati, Emli Road, Roorkee took the insured vehicle to Muzaffarnagar f








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