VIJAY SINGH TOMAR Vs. NATIONAL INSURANCE CO. LTD

JUDGEMENT

(1.) THIS revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 by the petitioner against the impugned order dated 09.08.2012 passed by the Madhya Pradesh State Consumer Disputes Redressal Commission (for short 'the State Commission ') in FA No. 354/2012, "Vijay Singh Tomar versus National Insurance Co. " vide which appeal filed against the order dated 10.01.2012 in complaint case no. 35/2010 passed by District Consumer Disputes Redressal Forum, Muraina, was partly allowed. The District Forum ordered that the OP shall make payment of claim on the basis of 100% damages according to IDV within a period of 30 days and also pay interest @ 7% p.a. with effect from 2.2.2009 in addition to Rs.8,000/ - towards deficiency in service and Rs.2,000/ - as litigation costs. The State Commission vide impugned order partly allowed the appeal of the present respondent/OP Insurance Company and directed them to pay Rs.2,00,000/ - with interest @ 8% p.a. with effect from 2.2.2009 and also Rs.2,000/ - as costs.

(2.) BRIEF facts of the case are that the petitioner/complainant is the registered owner of bus bearing no. MP -33/P0126 which was insured with the respondent/OP from 17.03.2007 to 16.3.2008 as per policy no. 321401/31/06/6300002091. The said vehicle got burnt on 12.2.2008 due to some accident and was completely damaged. The petitioner sent intimation to the insurance company which appointed a surveyor Ashok Gupta to make a spot -survey. The company thereafter appointed another surveyor Manohar Singh to make an appraisal of loss. The complainant presented a complaint no. 300/2008 before the District Forum on 15.10.2008 and the District Forum vide their order dated 2.2.2009 observed as under: -

(3.) HEARD the learned counsel for the parties and examined the record.