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

This is insurer’s appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 04.01.2013 passed by the District Forum, Nainital in consumer complaint No. 45 of 2010. By the order impugned, the District Forum has allowed the consumer complaint and directed the appellant – opposite party to pay compensation of Rs. 3,62,895/- to the respondent – complainant together with interest @ 6% p.a. pendente lite and future; Rs. 5,000/- towards mental agony and Rs. 5,000/- towards litigation expenses. It was also directed that on the date of compliance of the order, the complainant shall hand over the ownership documents of the vehicle/letter of subrogation to the insurance company.

2. Briefly stated, the facts of the case as mentioned in the consumer complaint, are that the complainant is the registered owner of vehicle No. UA04-B-6905 (Tata Spacio). The said vehicle was insured with the appellant – The Oriental Insurance Company Limited for the period from 05.01.2005 to 04.01.2006. It was alleged that the complainant was himself driving the said vehicle and the vehicle was being used by the complainant for the purpose o