RAJESH KUMAR Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Leave granted.

(2.) The present appeals challenge the order dtd. 16/7/2019 in Revision Petition Nos. 878-879/2019 passed by the National Consumer Disputes Redressal Commission, [Hereinafter, referred to as the 'National Commission'] which had allowed the respondent's appeal and reduced the amount of payable insurance. The appellant here is the consumer who sought that the respondent-insurer release the entire insurance amount in his favour. The District Consumer Disputes Redressal Commission [Hereinafter, referred to as the 'District Commission'] had allowed the complaint partly, whereas the State Consumer Disputes Redressal Commission [Hereinafter, referred to as the 'State Commission'] modified it and allowed the complaint in full. The respondent then approached the National Commission, resulting in the impugned order. The brief facts required for the disposal of these appeals are as follows.

(3.) The appellant had purchased a Private Car Insurance Policy bearing Policy No. 420503/31/12/6100000851 from the respondent for a vehicle he owned. This policy was applicable for the period 2/7/2012 to 1/7/2013 and it served to compensate the appellant in case the insured vehicle met with an accident. The maximum sum that could be claimed from the respondent was the 'Insured Declared Value', which was fixed at Rs.5,02,285.00. While this policy was in force, the appellant met with an accident on 25/3/2013 while he was driving the said vehicle and a cow suddenly turned up before it. In an attempt to avoid the animal, he made a sudden turn which caused his car to turn upside down and fall in a ditch.