1 FA/1077/2019

Date of filing : 28.05.2019

Date of order : 23.11.2021

MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL

COMMISSION,MUMBAI, BENCH AT AURANGABAD.

FIRST APPEAL NO. : 1077 OF 2019

IN COMPLAINT CASE NO.: 724 OF 2018

DISTRICT CONSUMER FORUM : NANDED.

1. United India Insurance Company Ltd,.

Through its Br.Manager,

Guru Complex, G.G.Road, Nanded

APPELLANT

2. United India Insurance Company Ltd,.

Through its Authorized Signatory/Divisional Manager,

5/5/72, N.C.C. Office area, Behind Hotel Darling,

Osmanpura, Aurangabad.

VERSUS

Pavan s/o Pandharinath Uttarwar,

R/o Hanumangad, Nanded, Tq. & Dist.Nanded.

RESPONDENT

CORAM :Smt.S.T.Barne, Hon’ble Presiding Judicial Member.

Mr.K.M.Lawande, Hon’ble Member.

Present :

Adv. S.G.Chapalgaonkar for appellant,

Adv.V.B.Dhage for respondent.

J U D G M E N T

(Delivered on 23/11/2021)

Per Smt.S.T.Barne, Hon’ble Presiding Judicial Member.

1. The appellant United India Insurance Company Ltd,. has preferred this

appeal against the judgment and order in C.C.No. 724/2018 decided by

District Consumer Forum on 01.04.2019. The respondent Pawan

Pandharinath Uttarwar is the complainant and this appellant United India

2 FA/1077/2019

Insurance Company Ltd,. is the opponent in original complaint. Hence, they

are hereinafter referred as per their status in the complaint.

2. The complainant has filed consumer complaint under sec.12 of

Consumer Protection Act,1986, that, he is the owner of car No.MH-2-CH-

1350. It was insured with opponent Insurance company for the period of

02.07.2015 to 01.07.2016. On 01.02.2016, the complainant while

proceeding for his personal work, his car met with an accident near ITI

College. He was required to spend the amount for repairing and

replacement of its parts. He gave estimation of said accident to opponent

Insurance Company. The opponent Insurance Company received amount

towards the fees of surveyor for survey of car initially Rs.2,500/- and

subsequently Rs.1,100/- from complainant. The opponent asked the

complainant to submit his claim proposal. The opponent subsequently

repudiated his claim on the ground that, the driver of car was not having

valid driving license at the relevant time of accident. He has incurred

expenses of Rs.1,09,743/- for repairing of said car. The opponent repudiated

his claim belatedly on 17.07.2016. Therefore, the complainant has filed

consumer complaint before District Consumer Forum for claiming

Rs.1,09,743/- towards damages to car, along with interest at the rate of 16 %

p.a. from the date of accident i.e. from 01.02.2016 and Rs. 25,000/- towards

deficiency in service, Rs.10,000/- towards mental agony.

3. The opponent Insurance Company filed written statement before

District Consumer Forum and denied all adverse contention in the complaint.

It is submitted that, the driver of vehicle was not having valid and effective

driving license on the date of accident. The surveyor has assessed the loss of

Rs. 98,317/-. However, the driver of complainant having license to run two

wheeler vehicle with gear, for the period of 13.01.2009 to 16.08.2027 and

3 FA/1077/2019

LMV (Transport) for the period of 13.01.2009 to 12.02.2012. Thus, only

license to run two wheeler with gear was effective at the time of accident.

Hence, the opponent has rightly repudiated the claim.

4. On giving opportunity of hearing to both the parties, the Hon’ble

District Consumer Forum pleased to allow the complaint partly with

directions to opponent to pay amount of Rs.1,09,743/- to complainant, and

also asked to refund the amount of Rs. 3600/- to the complainant w

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