H. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION SHIMLA.

First Appeal No.: 49/2024 Date of Presentation: 12.03.2024 Order reserved on: 28.03.2025 Date of Decision: 04.04.2025 ………………………………………………………………………

1. The New India Assurance Company Limited, Divisional Office, Dalhousie Road Pathankot, Tehsil and District Pathankot, Punjab.

2. The New India Assurance Company Limited, Kotwali Bazar Dharamshala, District Kangra, H.P. Both Appellants through their Incharge CCH (Suit), New India Assurance Company Limited, Divisional Office, 3^rd Floor, Block No.7, SDA Complex, Kasumpati, Shimla-9, H.P.

..…..Appellants/Opposite Parties.

Vs Anil Kumar S/o Sh.Megh Nath Sharma, VPO Dari, Jhikli Dar, Tehsil Dharamshala, District Kangra, H.P.

..….Respondent/Complainant.

………………………………………………………………………

Coram Hon’ble Justice Inder Singh Mehta, President Whether approved for reporting? Yes.

For the Appellants: Mr.Jagdish Thakur, Advocate.

1 Whether Reporters of the local papers may be allowed to see the order?

For the Respondent: Ms.Pragti Advocate, vice Mr.Digvijay Singh, Advocate.

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Justice Inder Singh Mehta, President.

O R D E R:

Instant appeal is arising from order dated

04.12.2023 passed by learned District Commission, Kangra at Dharamshala in consumer complaint No.413/2022, titled Anil Kumar Versus The New India Assurance Company Ltd. & Anr., whereby the opposite parties were jointly and severally directed to pay an amount of Rs.6,13,000/- to the complainant alongwith interest @ 9% per annum from the date of complaint i.e. 23.09.2022 till its realization and were further directed to pay compensation to the complainant to the tune of Rs.20,000/-, besides litigation cost of Rs.10,000/-.

Brief facts of Case:

2. Briefly, the case of the complainant is that complainant is the owner of a vehicle (Honda Amaze)

bearing registration No.HP-39E-4397. The said vehicle was insured with the opposite parties/Insurance company vide policy No.3240531212000002177 valid from 20.06.2021 to 19.06.2022. On 21.11.2021, the cousin of complainant namely Vikas Bharti was driving the vehicle in question and when he reached at place near Spot Restaurant NH-54, the vehicle met with an accident with another vehicle. Intimation regarding the accident was given to the insurance company as well as to the police. FIR No.190/2021 dated 21.11.2021 was registered in Police Station Jawali. The insurance company appointed a surveyor who assessed the loss to the tune of Rs.6,14,000/-. The insurance company vide letter dated 04.05.2022 repudiated the claim of the complainant on the ground that at the time of accident, driver Vikas Bharti was under the influence of liquor. The claim has been wrongly and illegally repudiated by the opposite parties. Hence, this complaint.

3. The complaint was contested and resisted by the opposite parties/Insurance Company by filing reply and stated that the complainant has committed breach of terms and conditions of insurance policy as driver of the vehicle in question namely Vikas Bharti was under the influence of alcohol at the time of the accident. As such, the claim of the complainant was repudiated by the insurance company. There is no deficiency in service on the part of the opposite parties/insurance company. A prayer for dismissal of complaint was made.

4. In rejoinder, the complainant has reiterated the contents of complaint and refuted the objections put forth by the opposite parties/Insurance company.

5. Thereafter, the parties led evidence in support of their respective pleadings.

6. After hearing the counsel for the parties, learned District Commission below allowed the complaint of the complainant.

7. Feeling aggrieved by the order of learned District Commission, the appellants/insurance company have filed the present appeal before this Commission.

8. Augments heard on behalf of the parties and perused the written arguments filed on behalf of the respondent/complainant as well as record of the case carefully.

9. Learned counsel of the appe