UNITED INDIA INSURANCE CO. LTD. Vs. HAVABEN

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner/OP against the order dated 3.5.2008 passed by the State Consumer Disputes Redressal Commission, U.T. of Daman and Diu and Dadra and Nagar Haveli at DIU (in short, 'the State Commission') in S.A. No. 02/2008/CSD/09 - Smt. Havaben Vs. United India Ins. Co. Ltd. & Anr. by which, while allowing appeal, order of District Forum allowing complaint was set aside. Brief facts of the case are that complainant/Respondent No. 1's husband Sabirbhai Mansuri was a driver of truck no. GJ - 17 -X -5373 owned by OP No. 2/Respondent No. 2 and truck was insured by OP No. 1/petitioner. Truck met with an accident on 24.12.2004 and Sabirbhai Mansuri died. It was further alleged that package policy in which personal accident insurance was also incorporated was taken and in case of accident owner/driver were entitled to compensation of Rs. 2,00,000/ - in case of death. Complainant being wife of Sabirbhai Mansuri filed claim with OP No. 1 which was repudiated on 26.4.2006 on the ground that only the owner was entitled to get compensation. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted claim and submitted that claim was rightly repudiated, as only owner -driver was covered in the policy and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, dismissed complaint. Appeal filed by the complainant was allowed by learned State Commission vide impugned order and directed petitioner to pay Rs. 2,00,000/ - along with 6% p.a. interest and further awarded Rs. 10,000/ - as cost against which, this revision petition has been filed.

(2.) HEARD learned Counsel for the parties and perused record.

(3.) LEARNED State Commission has held that there was no dispute that Sabirbhai Mansuri was employed by Respondent No. 2 as a driver and there was no dispute that package policy was taken by Respondent No. 2 from petitioner and there was no dispute that driver died in accident.