NATIONAL INSURANCE COMPANY LTD Vs. MEHBOOB KHAN

JUDGEMENT

(1.) National Insurance Company Ltd., Petitioner herein which was the opposite party before the District Forum, has filed this Revision Petition against the order dated 15.5.2006 passed by the State Consumer Disputes Redressal Commission, Rajasthan (in short, the State Commission') in appeal No 1960/ 97 whereby the State Commission upholding the order of the District Forum, has directed the Petitioner to pay a sum of Rs. 75,468.10 alongwith interest 12% p.a. from 2.12.1996 till realization to the Respondent towards loss of goods, Rs.2,210 towards survey charges and Rs. 300 towards the litigation expenses within the period of 30 days.

(2.) After considering all the facts and circumstance of the case, terms and conditions of the policy of insurance and the survey report, the claim of the Respondent was repudiated. A communication to this effect was sent to him on 10.3.1997. Petitioner was of the view that the policy of insurance being a Carrier's Legal Liability Policy covers the legal liability of the insured, Mehboob Khan where he was acting as a Carrier and not the Mohinuddin Khan who was the Carrier registered under the contract with IOC Ltd. to carry the HSD oil.

(3.) Aggrieved by the letter of repudiation, Respondent filed the complaint before the District Forum claiming the sum of Rs.75,468.10 towards the loss on account of the oil besides claiming compensation for mental and physical discomfort and litigation expenses.