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H. P. STATE CONSUMER DISPUTES REDRESSAL

COMMISSION SHIMLA.

First Appeal No.: SC/2/FA/156/2025

Date of Presentation: 17.06.2025

Reserved on: 31.03.2026

Date of Decision: 27.04.2026

…………………………………………………………………

Shriram General Insurance Company Limited, E-8, EPIP,

Sitapur, Industrial Area, Jaipur, Rajasthan-302022 having its

Branch Office at 3-06, Near PG College Raura, Sector-3, NH-

21 Bilaspur, H.P.-174001 through its Deputy Manager

(Legal), Shriram General Insurance Company Limited, SCO

178, 1st Floor, Sector 38 C, Chandigarh.

…....... Appellant/Opposite Party.

Versus

Sh. Mohan Lal S/o Sh. Amar Chand, R/o Ward No.2, Village

Chhanalti, P.O. Nagar, Tehsil and District Kullu, H.P.-175130.

.......... Respondent/Complainant.

…………………………………………………………………

Coram

Hon’ble Mr. Justice Inder Singh Mehta, President.

Hon’ble Ms. Yogita Dutta, Member

1

Whether approved for reporting? Yes.

For the Appellant: Mr. Jagdish Thakur, Advocate.

For the Respondent: Ms. Anamika, Advocate vice Mr.

Shivanshu, Advocate.

…………………………………………………………………

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

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Shri Ram General Insurance Company Ltd. Versus Sh. Mohan Lal

(SC/2/FA/156/2025)

Justice Inder Singh Mehta, President

O R D E R:

Present appeal is preferred against the order

dated 05.05.2025 of learned District Commission, Kullu, in

Consumer Complaint No.59/2023 titled Mohan Lal Versus

Shri Ram General Insurance Company Ltd., whereby, the

complaint filed by the complainant was allowed and the

opposite party was directed to pay Rs.1,73,063/- alongwith

interest @ 6% per annum from the date of filing of

complaint till payment. The opposite party was further

directed to pay Rs.40,000/- as compensation as well as

Rs. 5000/- as litigation costs to the complainant.

Brief facts of the Case:

2. Brief facts of the case are that the

complainant is registered owner of vehicle No.HP-01K-

8168 which was insured with opposite party/insurance

company from 04.10.2022 to 03.10.2023 for a sum of

Rs.2,90,000/-. On 18.08.2023, the vehicle was being

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Shri Ram General Insurance Company Ltd. Versus Sh. Mohan Lal

(SC/2/FA/156/2025)

driven by driver Ajay Kumar, about one Kilometer of

Mandi at place Bharom, the vehicle suddenly caught fire

and was totally damaged. The incident was reported to

Police Post Ladhadol vide GD No. 4/2023 dated

18.08.2023. The complainant also informed opposite

party/insurance company about the incident and

requested to pay the insurance claim of Rs.2,90,000/-.

The opposite party/insurance company on 10.09.2023

refused to accept the request of complainant. So,

complainant alleged deficiency in service on the part of

opposite party. Hence, the present complaint.

3. The opposite party/insurance company filed

reply and stated that surveyor Sh. Vishal Kumar Gautam

visited the spot and carried out inspection of the vehicle.

He assessed loss to the tune of Rs.2,30,750/- subject to

terms and conditions of insurance policy. The claim of

complainant was repudiated vide letter 23.08.2023 on

the ground that driver was not having valid and effective

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Shri Ram General Insurance Company Ltd. Versus Sh. Mohan Lal

(SC/2/FA/156/2025)

fitness certificate of the vehicle. The complainant

misrepresented the facts, hence he was not liable for any

claim from the opposite party/insurance company. A

prayer was made to dismiss the complaint.

4. Complainant filed rejoinder wherein he denied

all the objections taken by the opposite party in reply and

further the averments made in the complaint were re-

asserted.

5. After hearing learned counsel of the parties,

learned District Commission allowed the complaint of the

complainant.

6. Feeling aggrieved by the order of learned

District Commission, the appellant/opposite party has

preferred the instant appeal before this Commission.

7. Arguments heard on behalf of the parties and

perused the written arguments filed on behalf of

respondent/complainant as well as the record carefully.

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Shri Ram General Insurance Company Ltd. Versus Sh. Mohan Lal

(SC/2/FA/156/2025)

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