Naim Abdulsakur Kachhi, Kolhapur Vs. National Insurance Co.Ltd., Kolhapur - Court Judgment

SooperKanoon Citationsooperkanoon.com/1111502
CourtMaharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided OnApr-15-2009
Case NumberFirst Appeal No.582 of 2008 (Consumer Complaint No.376 of 2007)
JudgeShri. S.R. Khanzode, Hon'ble Presiding Judicial Member. Smt. S.P. Lale, Hon’ble Member.
AppellantNaim Abdulsakur Kachhi, Kolhapur
RespondentNational Insurance Co.Ltd., Kolhapur
Advocates:Adv. Shri Waigankar for the Appellant. Adv. Ms. Sheetal Patil h/f Adv.Shri A.S. Vidyarthi
Excerpt:
oral order:- per shri s.r. khanzode, honble presiding judicial member: this appeal is filed against the order/award dated 25/02/2008 passed in consumer complaint no. 376/2007, naim abdulsakur kachhi v/s. national insurance co. ltd. by district forum, kolhapur (forum below in short). after the accident, the insurance company repudiated the claim on the ground of breach of terms of policy. the consumer complaint was filed and it stood dismissed and feeling aggrieved thereby, this appeal is preferred by the org.complainant. we heard adv.shri waigankar for the appellant. adv.ms.sheetal patil h/f adv.shri a.s.vidyarthi for the respondent. in the instant case policy issued herein contained the term that the policy insurance covers is available for use of vehicle for any purpose other than hire or reward. even after the renewal of the policy, the insured never complained to the insurance company that the policy issued is incorrect and therefore, did not accept the same. under the circumstance, the policy as issued stands with all its terms and conditions. repudiation in question cannot be faulted with. ld.forum below therefore rightly held so in the impugned order. we find no reason to interfere with. in the result, we pass following order:- order: 1. appeal stands dismissed. 2. no order as to costs. 3. pronounced and dictated in open court. 4. copies of the order herein be furnished to the parties.
Judgment:

Oral Order:-

Per Shri S.R. Khanzode, Honble Presiding Judicial Member:

This appeal is filed against the order/award dated 25/02/2008 passed in consumer complaint no. 376/2007, Naim Abdulsakur Kachhi V/s. National Insurance Co. Ltd. by District Forum, Kolhapur (Forum below in short). After the accident, the insurance company repudiated the claim on the ground of breach of terms of policy. The consumer complaint was filed and it stood dismissed and feeling aggrieved thereby, this appeal is preferred by the org.complainant.

We heard Adv.Shri Waigankar for the appellant. Adv.Ms.Sheetal Patil h/f Adv.Shri A.S.Vidyarthi for the respondent.

In the instant case policy issued herein contained the term that the policy insurance covers is available for use of vehicle for any purpose other than hire or reward. Even after the renewal of the policy, the insured never complained to the insurance company that the policy issued is incorrect and therefore, did not accept the same.

Under the circumstance, the policy as issued stands with all its terms and conditions. Repudiation in question cannot be faulted with. Ld.Forum below therefore rightly held so in the impugned order. We find no reason to interfere with. In the result, we pass following order:-

Order:

1. Appeal stands dismissed.

2. No order as to costs.

3. Pronounced and dictated in open court.

4. Copies of the order herein be furnished to the parties.