STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND DEHRADUN Date of Admission: 17.07.2020 Date of Final Hearing: 16.12.2025 Date of Pronouncement: 17.12.2025 SC/5/A/83/2020 The New India Assurance Company Limited through its Manager at Regional Office, Dehradun situated at

2^nd Floor, 430, Niranjanpur, Saharanpur Road Dehradun (Through: Sh. Suresh Gautam, Advocate)

…… Appellant Versus Anand Prakash Yogashram Pratham through its Authorised Administrator Sh. Krishan Kumar Chauhan, Village Ferupur Ramkhera Post Dhanpura, District Haridwar (Through: Sh. Saurabh Rana, Advocate)

…… Respondent Coram:

Ms. Kumkum Rani, President Mr. B.S. Manral, Member

ORDER

(Per: Ms. Kumkum Rani, President):

This appeal has been directed against the impugned judgment and order dated 12.03.2020 passed by learned District Consumer Disputes Redressal Forum, Haridwar (hereinafter to be referred as “The District Commission”) in consumer complaint No. 50 of 2018, styled as Anand Prakash Yogashram Pratham Vs. Manager, The New India Assurance Company Limited, wherein and whereby the consumer complaint was allowed and the appellant / opposite party (insurance company) was directed to pay compensation of Rs.1,05,619.89/- to the respondent / complainant together with interest @6% p.a. from the date of filing of the consumer complaint, i.e., 20.02.2018 till payment and Rs. 2,000/- towards litigation expenses.

2. The facts giving rise to the present appeal, in brief, are, as such that the respondent / complainant had purchased vehicle bearing registration No. UK-14-8125, which was insured with the appellant / opposite party (insurance company) for the period from 15.12.2016 to 14.12.2017. During the currency of the insurance policy, on 03.02.2017 at about 8:15 a.m., the insured vehicle met with an accident near Shyampur, Haridwar. In the said accident, the occupants of the insured vehicle got injured and the insured vehicle got badly damaged. The complainant got the vehicle repaired at Dehradun Premier Motors Pvt. Ltd., Ajabpur Kalan, Dehradun, wherein an amount of Rs. 1,60,969/- was spent. The intimation of the accident was given to the insurance company and F.I.R. was lodged with P.S. Shyampur on 03.02.2017. The insurance company, however, did not settle the claim of the complainant. Thus, the consumer complaint was set in motion by the complainant before the District Commission.

3. The appellant / opposite party (insurance company) filed written statement before the District Commission and pleaded that upon receipt of intimation regarding accident of the insured vehicle, the insurance company had appointed Sh. Mahendra Singh Rawat as investigator, who investigated the matter and submitted his report dated 03.10.2017, stating therein that the fitness certificate of the vehicle was valid for the period from 21.11.2014 to 20.11.2016, which was renewed for the period from 31.07.2017 to 30.07.2018. Thus, on the date of accident, i.e., 03.02.2017, the fitness certificate of the vehicle was not valid and the vehicle was being plied without a valid fitness certificate, in contravention of the provisions of Motor Vehicles Act, 1988 as well as terms and conditions of the insurance policy. For want of valid fitness certificate of the vehicle on the date of the accident, the claim of the complainant was rightly repudiated by the insurance company through letter dated 04.10.2017. Therefore, the consumer complaint is liable to be dismissed.

4. The District Commission, after hearing the parties and after taking into consideration the material available on record, allowed the consumer complaint vide impugned judgment and order dated 12.03.2020 in the above terms. Feeling aggrieved by the impugned judgment and order, the insurance company has preferred the instant appeal before this Commission.

5. We have heard learned counsel for the parties and perused the record.

6. The subject claim was repudiated by the insurance company per letter dated 04.10.2017 (Paper No. 23) on the ground