JAGDISH RANA Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This revision petition has been filed by the petitioner/complainant against the order dated 20.09.2010 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, 'the State Commission') in Appeal No. 656 of 2006 National Insurance Co. Ltd. Vs. Jagdish Rana by which, while allowing appeal, order of District Forum allowing complaint was set aside and complaint was dismissed.

(2.) Brief facts of the case are that complainant/petitioner got insured his Maruti car No.DL-3CL-1392 from the OP/respondent for a sum of Rs.77,500/- for a period of one year commencing from 30.9.2002 to 29.9.2003. On 16.2.2003, car met with an accident and FIR was lodged and intimation was also given to the OP. Complainant submitted claim and OP also appointed surveyor but claim was repudiated on the ground that driver of the vehicle was under the influence of liquor at the time of accident and six persons were travelling in the car against the capacity of four persons and car was fitted with LPG cylinder whereas, the car was to be driven by petrol. Complainant alleging deficiency on the part of OP filed complaint before the District Forum. OP resisted claim on the aforesaid grounds. Learned District Forum after hearing both the parties, allowed complaint and directed OP to pay Rs.62,000/-along with 9% p.a. interest and Rs.3,000/- as litigation expenses. Appeal filed by the OP was allowed by learned Station Commission vide impugned order against which, this revision petition has been filed.

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