SANDEEP KUMAR Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) The main question involved in this revision petition is "Whether the Discharge Voucher issued by New India Assurance Co.Ltd.,/OP is voluntary or has been obtained by fraud, misrepresentation, undue influence or coercion?" The facts germane to this case are these.

(2.) Sandeep Kumar, complainant, had insured his car with respondent No.1/OP1. The car was valued at Rs.3,82,428/- . During the currency of the insurance policy, dated 15.12.2010, the car was stolen on 30.12.2010. The complainant allegedly accepted a sum of Rs.3,18,721/- in respect of the said vehicle. The complainant himself wrote a letter dated 28.07.2011 which reads as follows:-

(3.) The District Forum dismissed the complaint while placing reliance on the authority, National Insurance Co.Ltd. Vs. Sitaram Satpal & Company, decided by the State Commission vide order dated 29.02.2012. The State Commission also dismissed the appeal filed by the complainant, while placing reliance on this Commission's order passed in New India Assurance Company Vs.C.P.Mathur,2011 1 CPC 317.