UNITED INDIA INSURANCE COMPANY LTD Vs. TAHIR KHAN

JUDGEMENT

(1.) The present Revision Petition under section 21(b) of the Consumer Protection Act, 1986 (for short "the Act") has been filed challenging the order dated 15.02.2016 of the State Consumer Disputes Redressal Commission, Rajasthan, Jaipur (for short "the State Commission") in First Appeal No.68/2016 of the Petitioner against the order dated 16.12.2015 of the District Consumer Disputes Redressal Forum, Alwar (for short "the District Forum") allowing the Complaint No.1419/2012 of the Respondent.

(2.) Brief facts of the case are that the truck of the Respondent was duly insured with the Petitioner. During the validity of the insurance policy, the truck met with an accident by falling down in a ditch. The claim was repudiated by the Petitioner on two grounds; that the truck was parked on a slope while loading goods into it and no proper precautions were taken to ensure that the truck should not drop down into the ditch and secondly that the truck was overloaded.

(3.) The same pleas were taken by the petitioner before the District Forum as well as the State Commission. After considering the evidences lead by the parties, the District Forum allowed the complaint and issued following directions-