LAWS(NCD)-2013-3-34

SH. SURESH KUMAR Vs. NATIONAL INSURANCE COMPANY

Decided On March 14, 2013
Sh. Suresh Kumar Appellant
V/S
NATIONAL INSURANCE COMPANY Respondents

JUDGEMENT

(1.) BEING aggrieved by order dated 19.05.2011, passed by Rajasthan State Consumer Disputes Redressal Commission, Jaipur(for short, 'State Commission ') petitioner has filed the present revision petition.

(2.) BRIEFLY stated the facts are that petitioner/complainant filed complaint before District Consumer Disputes Redressal Forum, Jhunjhunu (for short, 'District Forum ') on the ground that his truck was insured with respondent no.1/o.p.no.1 with effect from 01.08.2006 to 31.07.2007. On 12.12.2006, his truck loaded with 20 tons of copper by respondent no.2/o.p.no.2 from Khetri was to be carried to Talojioa, District Ramgarh (Maharashtra). But, the truck did not reach its destination till 4.1.2007. Petitioner searched for the truck for many days but failed to find the same. On 4.1.2007, FIR was lodged in the Police Station, Khetri. After investigation, police filed the challan in the criminal court. Petitioner filed its claim with respondent no.1. However, respondent no.1 rejected its claim on 27.8.2009 treating it as 'No claim '. Thereafter, petitioner asked for reasons of repudiation of his claim under R.T.I. Act and was informed that there was a delay of 23 days in filing of the F.I.R. and intimation to respondent no.1 was given after 59 days.

(3.) BEING aggrieved, petitioner filed appeal before the State Commission which dismissed the same, vide its impugned order.