HUKUM CHAND Vs. UNITED INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) This revision petition has been filed by the petitioner/Complainant against the order dated 1.8.2008 passed by the State Consumer Disputes Redressal Commission, U.T., Chandigarh (in short, 'the State Commission') in Appeal No. 2848/2001(Hry)RBT/272/2008 United India Ins. Co. Ltd. Vs. Hukam Chand by which, while allowing appeal order of District Forum allowing complaint was set aside.

(2.) Brief facts of the case are that complainant/petitioner was owner of vehicle No. HR-14A/1023, which was insured with OP/respondent for a period of one year from 30.4.98 to 29.4.99. This vehicle was taken away by some persons on 15.6.1998 after administering some poisonous substance in the drink to the driver as well as conductor of the vehicle. Report was lodged with the Police on 17.6.1998 and intimation was also given to OP. OP repudiated claim. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that as vehicle was plied as taxi, whereas vehicle was insured as private vehicle and, thus violated terms and conditions of the policy, OP rightly repudiated claim and prayed for dismissal of complaint. Learned District forum after hearing both the parties allowed complaint and directed OP to make payment of insured estimated value along with 12% p.a. interest and further awarded Rs.5,000/- as cost of litigation. Appeal filed by the OP was allowed by the impugned order by the State Commission against which this revision petition has been filed.

(3.) Heard learned Counsel for the parties and perused record.