MOHAN SINGH Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This revision is directed against the concurrent finding of the State Commission Haryana resulting in dismissal of consumer complaint filed by the petitioner complainant.

(2.) Briefly put facts relevant for the disposal of this revision petition are that complainant insured his Fiat UNO car with OP No.1 vide insurance policy no. 2688891 for the period w.e.f. 02.04.2002 to 01.04.2003. The car met with an accident on 09.04.2002. The accident was immediately intimated to the opposite parties. The opposite party appointed a Surveyor who after conducting survey of the damaged car assessed the loss caused as Rs.35,807/-. The surveyor assessed the value of the salvage as Rs.1000/-. The insurance company repudiated the claim on the ground that petitioner had obtained the comprehensive policy by concealing the fact that the vehicle in question was already insured with New India Insurance Company Ambala City for third party claim. The complainant claiming the repudiation to be deficiency in service, filed consumer complaint under section 12 of the Consumer Protection Act seeking compensation of Rs.80000/- against bills of repair besides compensation of Rs.50000/- on account of mental torture and harassment as also Rs.5000/- against the cost of litigation.

(3.) The opposite parties in their written statement admitted the factum of insurance as also the damage caused to the car in accident. The opposite party justified the repudiation of claim on the plea that the petitioner obtained Double Insurance concealing the fact of earlier third party insurance with New India Insurance Company. Thus, according to the opposite party there is no deficiency in service.