SHIVASHANKAR Vs. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner against the order dated 07/04/2011 passed by the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, the State Commission) in Appeal No. 4220 of 2010 - M/s. Bajaj Allianz Gen. Ins. Co. Ltd. Vs. Shivashankar & Anr. by which, while allowing appeal, order of District Forum allowing complaint was set aside.

(2.) BRIEF facts of the case are that Complainant/petitioner, owner of passenger van KA -27/8744 got it insured from OP No. 1/Respondent No. 1 for a period of one year from 4.8.2008 to 3.8.2009. The vehicle was financed by OP No. 2/Respondent No. 2. Vehicle met with an accident on 22.7.2009 at 4 A.M. FIR was lodged and intimation was given to OP No. 1. Complainant incurred expenses of Rs.1,99,035/ - in repairs and submitted claim which was repudiated by OP No. 1. Alleging deficiency on the part of OPs, complainant filed complaint before District Forum. OP No. 1 resisted complaint and submitted that vehicle was driven by Umesh at the time of accident who was not possessing valid driving licence. It was further submitted that vehicle was carrying 19 passengers against the capacity of 12 passengers and in such circumstances; claim was rightly repudiated and prayed for dismissal of complaint. OP No. 2 submitted that no claim has been filed against him and prayed for dismissal of complaint. District forum after hearing both the parties, allowed complaint partly and directed OP No. 1 to pay 75% of the assessed damages of Rs.86,982/ - along with 9% p.a. interest and further awarded Rs.5,000/ - towards mental agony and Rs.5,000/ - towards cost of the complaint.

(3.) RESPONDENT No. 2 was deleted on the request of petitioner.