NEW INDIA ASSURANCE CO. LTD Vs. ASHOK

JUDGEMENT

(1.) New India Assurance Co. Ltd., the petitioner herein, who was the opposite party before the District Consumer Disputes Redressal Forum, North West, Shalimar Bagh, Delhi (for short, the District Forum) has filed this revision petition against the order dated 27th November, 2006 of the Delhi State Consumer Disputes Redressal Commission at New Delhi (for short, the State Commission) in Appeal No.A-2829 of 2000 whereby the State Commission has modified the order of the District Forum and directed the petitioner to pay Rs.1,17,527/- besides Rs.25,000/- in lieu of interest as lumpsum compensation for the mental agony, injury instead of Rs.20,000/- which had been awarded by the District Forum.

(2.) Respondent is not present despite service of notice, proceeded ex parte.

(3.) Respondent/complainant, who is the registered owner of truck No.DL-1GA-6626 got his vehicle comprehensively insured from the petitioner for the period from 9th March, 1998 to 8rd March, 1999. Vehicle met with an accident near village Labana, Police Post Achrol, Rajasthan. FIR regarding the accident was lodged with the Police Station Achrol. Respondent informed the petitioner about the accident on 24th January, 1999 with a request for spot survey of the truck which was lying in the police custody. Survey was conducted by the authorized officer of the Jaipur office of the petitioner and after getting the truck released from the police custody, the respondent brought it to Punjabi Bagh, Delhi with the help of a crane. On 27th January 1999, the respondent again wrote a letter to the petitioner for inspection of the truck and for permission to get the same repaired. After inspection by the surveyor and getting permission for repairs, he got the truck repaired and put up the claim of Rs.1,17,527/- on 12th April, 1999. Alleging that the insurance company did not settle the claim on one pretext or the other the respondent filed the complaint before the District Forum.