AMAN DEEP SHARMA Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Petitioner has filed this revision petition against order dated 08.05.2009, passed by H. P. State Consumer Disputes Redressal Commission, Shimla (for short as State Commission ).Vide impugned order, appeal of respondent-Insurance Company was allowed.

(2.) Along with present revision petition, an application seeking condonation of delay of 11months and 23 days has also been filed.

(3.) Brief facts of this case are that deceased-complainant (Sh. Salig Ram) filed complaint under Section 12 of the Consumer Protection Act, 1986 (for short as Act ) against respondent/ opposite party. In the complaint, it was alleged that he is owner of L & T/JCB Machine and on 20.11.2004 at about 12.00 noon, the vehicle met with accident and fell down about 300 meters deep in Khad and was totally damaged. At the time of accident, driver Dharam Singh was having valid driving licence. The machine was insured with respondent for the sum of Rs. 10 lac. Respondent s Surveyor submitted his report and assessed the total loss. Complainant applied to the respondent to compensate him for the loss by filing of relevant documents, but respondent has been delaying the matter without any reason. It is further alleged that despite repeated requests, verbal as well as written notice dated 06.03.2006, respondent is not paying the compensation. Finally, respondent refused to make the payment, vide letter dated 05.05.2006.