UNITED INDIA INSURANCE CO LTD Vs. TRILOK KAUSHIK

JUDGEMENT

(1.) This is the case of a motor vehicle accident that took place, during the operation of the insurance policy, way back in 1987. The surveyor appointed by the Insurance Co. assessed the loss at Rs. 2.5 lakhs, according to the Complainant and Rs. 60,000/-, according to the OP/Insurance Co. However, the OP closed the case as one of 'no claim', for violation of policy conditions. A complaint was made to the District Forum, Solan. The District Forum allowed the complaint. The OP/ United India Insurance Company, was directed on 11.8.1992 to consider the claim. However, five weeks later, on 18.9.1992, a letter was sent by the OP/Insurance Co. rejecting the claim. The matter was again brought before the District Forum in 1999. The DF ordered the OP/Insurance Co. to indemnify the Complainant to the extent of Rs. 1.7 lakhs.

(2.) The appeal No. 83/2005 against the above order, was dismissed by the State Consumer Disputes Redressal Commission, Simla. Hence, the present Revision Petition before the National Commission. The order of the State Commissioned is assailed in this Revision Petition substantially on three grounds

(3.) We have examined the records filed before this Commission and heard the counsels for the two parties. Counsel for the RP/United India Insurance Co. argued that the claim was repudiated as all the three essential documents were found to be invalid. This argument was countered by the Counsel for the Respondent/Complainant with the argument that all these were accepted as valid when the policy was issued by the RP in 1986. Therefore, the RP cannot make them a ground for repudiation.