NIHARIKA MAURYA Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) Petitioner herein, who was the complainant before the District Consumer Disputes Redressal Forum, Patna, Bihar (hereinafter referred to as 'the District Forum', for short) has filed the present revision petition against the order dated 23rd June, 2010 passed by the State Consumer Disputes Redressal Commission, Bihar at Patna (hereinafter referred to as 'the State Commission', for short) in Appeal No. 455 of 2007 wherein and whereby the State Commission reversing the order of the District Forum has held that repudiation of the claim of the petitioner by the insurance company was neither arbitrary nor unreasonable as the vehicle was being used for commercial purpose. The complaint has been ordered to be dismissed.

(2.) FACTS

(3.) Respondents-insurance company, on being served, entered appearance and filed its written statement. Stand taken by the respondents was that the Tata Sumo vehicle of the complainant was used for commercial purpose as per statement made by the driver in violation of the terms and conditions of the policy and, hence, the respondents settled the claim of the petitioner for Rs. 2,36,500/- on non-standard basis which amount was accepted by the petitioner without protest. After giving the discharge voucher and accepting the sum of Rs. 2,36,500/- without any protest petitioner was estopped from claiming any further amount. It was admitted that the petitioner had protested against the settlement of the claim at 49% subsequently to which a suitable reply was given.