NATIONAL INSURANCE CO LTD Vs. KASHMIRI

JUDGEMENT

(1.) By way of present revision petition, petitioner has challenged order dated 29.5.2012, passed by State consumer Disputes Redressal Commission, Dehradun (for short as, 'State Commission')

(2.) Facts in brief are that Sh. Meghraj Singh, husband of respondent no.1/complainant, got his car insured with petitioner/o.p. and paid the insurance premium. It is alleged that the said car met with an accident where in husband of the respondent no. 1 died. The car was being driven by the driver. Respondents claimed the insured amount. However, due to non action on the part of petitioner, complaint was filed before the District Forum.

(3.) In its written statement, petitioner took the plea that deceased was travelling in the car, but the same was being driven by other person at the time of accident. As per terms of the policy, petitioner is liable to pay compensation for the personal accident claim only in case of death of the owner when the vehicle is being driven by the owner himself. Hence, the complaint is liable to be dismissed.