NATIONAL INSURANCE CO. LTD Vs. PRABODH KUMAR SWAIN

JUDGEMENT

(1.) This revision petition has been filed under sec. 21(b) of the Act 1986 in challenge to the Order dtd. 21/1/2013 of the State Commission in appeal no. 67 of 2011 arising out of the Order dtd. 4/1/2011 of the District Commission in complaint no. 54 of 2010.

(2.) We have heard the learned counsel for the insurance co. (the petitioner herein). Learned proxy counsel is present for the complainant (the respondent no. 1 herein). No one appears for the bank (the respondent no. 2 herein). We have also perused the record including inter alia the Order dtd. 4/1/2011 of the District Commission, the impugned Order dtd. 21/1/2013 of the State Commission and the petition.

(3.) The short point involved in this case is that the complainant had insured his vehicle (truck) with the insurance co. for an assured sum of Rs.9,60,000.00 for the period from 4/10/2006 to 3/10/2007. The requisite premium was paid. The policy was valid. During the subsistence of the policy the vehicle met with an accident on 19/10/2006. The complainant claimed loss of Rs.6,25,020.00. The surveyor appointed by the insurance co. assessed the loss at Rs.2,30,000.00. The insurance co. vide its letter dtd. 28/4/2010 intimated the complainant that it will settle the claim at Rs.1,04,316.00 and sent therewith pre-receipted vouchers for discharge in full. Aggrieved with the quantum at which the claim was being offered to be settled, the complainant filed a complaint before the District Commission on 8/6/2010.