NIRANJAN KUMAR YADAV Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The Revision Petition is filed against the order of Jharkhand State Consumer Disputes Redressal Commission in First Appeal in 186 of 2008. The Revision Petitioner is before us against concurrent orders of the two fora below.

(2.) The facts, as seen from the records of the case, are that the Revision Petitioner/Complainant had purchased a Bolero vehicle on 11.02.2005, which was insured with Respondent/OP, National Insurance Company, with effect from 11.02.2005 and was registered in the name of the Complainant on 28.02.2005. In between on 23.2.2005 itself, the vehicle was admittedly allowed to be used by the local MLA during the election on 23.02.2005. On this day, in the vicinity of a polling station, the vehicle was attacked and set on fire allegedly by the supporters of another political party. A first information report was also filed with the local police into this incident on 23.02.2005. The Complainant made a claim under the insurance policy but with no results. He therefore, took the matter before the District Consumer Disputes Redressal Forum, Godda District, through a consumer complaint. The Consumer Forum dismissed the complaint for violation of the terms and conditions of the insurance policy relating to the usage of the vehicle.

(3.) We have perused the records and heard the counsels of the two parties, Mr. Gopal Prasad for the Revision Petitioner and Mr. R.B.Shami for the Respondent. The State Commission has confirmed the order of the District Forum with the following observation:-