ORIENTAL INSURANCE COMPANY LIMITED Vs. ARVIND KUMAR JAIN

JUDGEMENT

(1.) The present revision petition has been filed by Oriental Insurance Company against the order dated 15.05.2013 of the Rajasthan State Consumer Disputes Redressal Commission, Circuit Bench at Udaipur ('the State Commission') in Appeal no.83 of 2012.

(2.) The brief facts of the case are that the vehicle of the complainant bearing no. RJ 27 G 7468 which was insured with the insurance company met with an accident on 15.03.2003 during the currency of the policy. The insurance company got the estimation of the damage done by deputing its surveyor. Insurance claim of the vehicle was not formally repudiated by the insurance company. From the facts, it seems that due to non-approval of the insurance claim, the complainant first lodged a complaint with the Insurance Ombudsman and after that they submitted their case before the local Lok Adalat conducted by the Legal Services Committee, however, no decision was taken. Thereafter, the respondent filed the present complaint in the year 2007. The District Forum dismissed the claim on the basis of delay and on the basis that at the time of the incident, the person who was driving the vehicle, did not have the proper driving licence.

(3.) Aggrieved by the order of the District Forum, the complainant preferred an appeal before the State Commission being FA no. 83 of 2012. The State Commission vide its order dated 15.05.2013 allowed the appeal as well as the complaint and directed the insurance company to pay Rs.3,39,783/-to the complainant for the damage to the truck.