REKHA JAIN Vs. NATIONAL INSURANCE CO. LTD

JUDGEMENT

(1.) Petitioner/Complainant has filed this Revision Petition against the judgment and order dated 23.08.07 passed by the State Consumer Disputes Redressal Commission, Rajasthan (in short, 'the State Commission') in appeal no.442/01 whereby the State Commission modifying the order of the District Forum reduced the amount of compensation to Rs.87,500/- from Rs.1,75,000/- with interest @ 9% p.a. instead of 12% from the date of filing of complaint till realization.

(2.) Complainant/Petitioner got her Ambassador Car bearing registration No. RJ-03 C-0137 compressively insured with the Respondent insurance Company for a sum of Rs.1,75,000/- by paying the premium of Rs.6,375/-. Respondent issued the cover note. No. 97/6103081 dated 31.12.97 to the Petitioner which was valid for the period from 30.12.97 to 28.12.98. On the intervening night of 29/30.08.98 the car was stolen from the house of the Petitioner. An FIR was lodged with the Police Station Kotwali, Banswara on 30.08.98. After investigation, Police submitted 'untraceable report' which was accepted by the Chief Judicial Magistrate, Banswara. Thereafter, Petitioner lodged the claim of Rs.1,75,000/- with the Respondent Insurance Company. However, the Insurance Company offered to settle the claim at Rs.80,000/- as against the claim amount of Rs.1,75,000/-. Complainant, being aggrieved, filed the complaint before the District Forum.

(3.) District Forum allowed the complaint and directed the Respondent to pay a sum of Rs.1,75,000/- to the Petitioner along with interest @ 12% p.a from the date of filing of complaint till realization. Rs.6,000/- were awarded as compensation for mental agony and Rs.4,000/- towards costs of litigation.