NATIONAL INSURANCE CO. LTD Vs. AKHTAR BANO

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioners against the order dated 30.7.2007 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, 'the State Commission ') in Appeal No. 863/2006 - National Insurance Co. Ltd. Vs. Akhtar Bano by which, while allowing appeal partly, order of District Forum allowing complaint was modified.

(2.) BRIEF facts of the case are that Complainant/Respondent 's Jeep No. RJ -21/T -0884 was insured with OP/Petitioners for a period commencing from 28.12.2003 to 27.12.2004 for Rs.4,29,400/ -. Vehicle met with an accident on 24.12.2004 and the vehicle was totally damaged. Claim was submitted by the complainant to the OP which was repudiated. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that driver of the vehicle was not having a valid driving licence at the time of accident and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP to pay a sum of Rs.4,07,930/ - with interest @ 9% p.a. and further allowed cost of Rs.1,000/ - as litigation expenses. Both the parties preferred appeal before learned State Commission and learned State Commission dismissed appeal filed by the complainant, but partly allowed appeal filed by the OP/petitioner and amount of compensation was reduced to Rs.3,67,137/ - from Rs.4,07,930/ - against which, this revision petition has been filed along with application for condonation of delay.

(3.) THIS revision petition has been filed along with application for condonation of delay. Number of days has not been mentioned in the application, but as per office report, there was delay of 171 days in filing revision petition.