STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND, DEHRADUN Dharmendra Singh Chauhan S/o Sh. Rakshapal Singh Chauhan R/o Arkund, Chandapuri, District Rudraprayag Presently residing at Chauhan Niwas Srikot, Ganganali, Near Police Chowki, Srinagar, Pauri Garhwal ……Appellant / Complainant Versus National Insurance Co. Ltd.

Through its Divisional Manager Ranipur Morh, Haridwar, District Haridwar ….…Respondent / Opposite Party Sh. Yogesh Sethi, Learned Counsel for the Appellant Smt. Savita Sethi, Learned Counsel for Respondent Coram: Ms. Kumkum Rani, Judicial Member II Mr. Bhagwat Singh Manral, Member Dated: 08/07/2022

ORDER

(Per: Ms. Kumkum Rani, Judicial Member II):

The present appeal has been directed against the judgment / order dated 03.07.2017 passed by the District Consumer Disputes Redressal Forum, Pauri Garhwal (hereinafter referred as to District Commission, Pauri Garhwal) in consumer complaint No. 06 of 2014 styled as Sh. Dharmendra Singh Chauhan vs. National Insurance Co. Ltd., wherein and whereby the learned District Commission has dismissed the complaint case.

2. The facts giving rise to the present appeal, in brief, are as such that the complaint was filed by Sh. Dharmendra Singh Chauhan alleging that he is the registered owner of the vehicle bearing registration No. UK13-3299 (car), which was insured with the opposite party – National Insurance Co. Ltd. vide insurance policy No. 35101031116130195862 for the period from 22.10.2011 to 21.10.2012. On the request, the complainant alongwith his friends went to Srinagar on 17.08.2012; the complainant drove them to Srinagar; according to the complainant when they reached Harish Pan Bhandar, Srinagar, two other friends namely Sh. Vikram Bhandari and Sh. Yogesh Vasisth got down and asked the complainant to reverse the vehicle so that in the meantime they would get the Pan’s ready for them. The complainant alongwith two other friends went to reverse the said vehicle but on the way the said vehicle met with an unfortunate accident near Srinagar University at Srinagar, as the said vehicle was hit by a truck, which was driven by its driver very rashly and negligently. His friend Sh. Mukesh Bhandari who was sitting next to the complainant died and another friend Sh. Narendra Singh Bisht, who was sitting on the rear seat, got injured and the complainant himself was also insured; the said vehicle was totally damaged as a result of the said accident, the complainant and his friends were taken to base Hospital by 108 Emergency Service. The vehicle was being driven by the complainant himself, who had a valid and effective driving license on the date of accident and it was being plied within the terms and conditions of the insurance policy. At the time of accident, the complainant was possessing all the relevant papers regarding the vehicle. The claim was also submitted before the Insurance Company, but after the fake assurance and inspite of lapse of a period of one and a half year, the claim still remains unattended; the accidental vehicle was still lying outside Thana Srinagar in totally damaged condition. A legal notice dated 19.11.2013 was also sent to the opposite party by the complainant through his advocate, but not answered. Therefore, in such circumstance, the opposite party be directed to pay Rs. 7,47,790/- the Insured Declared Value of the vehicle with interest @ 18% per annum from the date of accident till the date of actual payment alongwith compensation of Rs. 25,000/- for mental and physical agony and Rs. 10,000/- as litigation expenses to the complainant.

3. In the written statement, the answering opposite party – insurance company has admitted that the complainant is the owner of the vehicle No. UK13-3299 (car) and the said car was insured with the answering opposite party for the period from 22.10.2011 to 21.10.2012, but the opposite party has no knowledge about the incident that the said car met with an accident near University gate at Srinagar on 17.08.2012 and i