ORIENTAL INSURANCE CO LTD Vs. SATPAL SINGH

JUDGEMENT

(1.) Petitioner Insurance Company which was the Opposite Party before the District Forum has filed this Revision Petition against the order and judgment dated 12.07.07 passed by the State Consumer Disputes Redressal Commission, Delhi (in short, 'the State Commission') in appeal No.674/05 whereby the State Commission has partly allowed the appeal filed by the Petitioner and directed it to refund the amount of loss assessed by the surveyor to the Respondent along with Rs.10,000/- as cost of litigation. Rest of the order of the District Forum was set aside.

(2.) Complainant/Respondent obtained an insurance policy from the Petitioner for his truck bearing registration No.HR 38D 2472 by paying the premium. Petitioner issued cover note no.421520 dated 11.4.02 to the Respondent valid for 11.4.02 to 10.4.03. During the subsistence of the policy, the said truck met with an accident on 02.05.02 on Sohna Road, Near Gurgaon. On receiving intimation, Petitioner appointed a Surveyor to assess the loss. Respondent submitted all the bills and other documents to the Surveyor for passing of the claim. Surveyor submitted his report assessing the loss at Rs.1,58,600/- as against the claim of Rs.2,73,000/- submitted by the Respondent on repair basis. The salvage value was assessed by the Surveyor at Rs.12,000/-. However, the Petitioner did not settle the claim of the Respondent despite various reminders and legal notices. Respondent, being aggrieved, filed the complaint before the District Forum.

(3.) Petitioner, on being served, put in appearance and filed its written statement resisting the complaint mainly on the grounds; that the vehicle was not having a fitness certificate on the date of accident; that the vehicle was being used in violation of the terms and conditions of the policy by loading the goods for commercial purpose without having a fitness certificate; that the Insurance Company was not liable to indemnify the insured and that the complaint was liable to be dismissed.