NATIONAL INSURANCE CO LTD Vs. SHESHRAO AMBADAS HATISKAR

JUDGEMENT

(1.) PETITIONER -Insurance Company was the opposite party before the District Forum where the respondent/complainant had filed a complaint alleging deficiency in service on the part of the petitioner.

(2.) VERY briefly stated, the case of the complainant was that the respondent/complainant had insured a jeep with the petitioner -Insurance Company for Rs. 4,04,000 which is not in dispute. During the life of the policy the jeep was totally damaged resulting from bursting of its front tyre. The matter was reported to the petitioner by the respondent/complainant. Surveyor was appointed who assessed the loss at Rs. 1,00,800. It was the case of the complainant that while the petitioner -Insurance Company was ready to settle the claim at Rs. 1,00,800, his claim was for Rs. 3,94,794. Since the petitioner was not willing to give that claimed amount, a complaint was filed before the District Forum and after hearing the parties the Forum directed the petitioner to pay Rs. 3,75,000 with interest @ 12% p.a. from 6.11.2001 along with cost of Rs. 5,000.

(3.) AGGRIEVED by this order, the petitioner filed an appeal before the State Commission. There was a delay of 35 days in filing the appeal. The State Commission did not find this delay being sufficiently explained, in view of which the State Commission dismissed the appeal as barred by limitation. In these circumstances, the revision petition has been filed before us.