BHIM SINGH Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This revision petition challenges the order dated 11.12.2008 of the Union Territory Consumer Disputes Redressal Commission, Chandigarh (in short, the State Commission ). By this order, the State Commission disposed of the cross appeals filed by the petitioner (appellant/complainant) as well as the respondent and, modifying the order passed by the District Consumer Disputes Redressal Forum, Jind (in short, the District Forum ), directed the respondent (insurance company) to pay to the petitioner Rs.20,399/- (being the amount assessed as payable claim by the surveyor who had examined the insurance claim of the complainant in respect of his damaged mini bus) along with interest @ 12% per annum from 16.08.1993 till actual payment.

(2.) The petitioner was the complainant before the District Forum with the allegation of deficiency in service against the respondent, in that the respondent had declined its claim for reimbursement of cost of repairs to his insured mini bus which had met with an accident on 20.05.1993 during the currency of the insurance policy (29.03.1993 to 28.03.1994). The respondent repudiated the claim on that the person driving the vehicle at the time of the accident did not possess a valid and effective driving licence. Before the District Forum the respondent also pleaded that according to the surveyor appointed for assessing the loss, the complainant was entitled only to Rs.20,390/-.

(3.) The District Forum considered the evidence and documents brought on record by the parties and concluded that the petitioner/complainant had incurred an expenditure of Rs.1,07,333/- on repairing the bus after the accident and was, as such, entitled to that amount. The District Forum, therefore, directed the respondent/opposite party - OP to pay the sum of Rs.1,07,000/- to the complainant along with interest @ 12% per annum from 16.08.1993 till realisation and Rs.1000/- towards cost. This order, challenged by both the parties in appeal, led to the State Commission s order which is under challenge in this revision petition.