MANOJ BANERJEE Vs. ORIENTAL INSURANCE CO. LTD

JUDGEMENT

(1.) There is a delay of 40 days in filing this revision petition. For the reasons stated by the petitioner in his condonation application, the delay stands condoned.

(2.) This revision petition has been filed by the petitioner/complainant against the order dated 29.6.2012 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula ('State Commission' for short) by which the State Commission had reversed and set aside the order dated 11.4.2011 passed by the District Forum, Yamuna Nagar in complaint No.73 of 2010 and allowed the appeal of the opposite party/respondent Insurance Co. while nonsuiting the claim of the petitioner.

(3.) The brief facts of this case as emerging from the record are that the truck bearing Regn. No.HR-58-A-9306 of the complainant was insured with the OP Insurance Co. for the period from 10.10.2008 to 9.10.2009. On 23.3.2009, the truck met with an accident at Shillong in Meghalya State and was burnt. D.D.R. No. 332 dated 23.3.2009 was registered at the police station Sohryngkham. Intimation was also given to the OP Insurance Co. which appointed a surveyor who inspected the vehicle and submitted his report. The claim of the complainant submitted to the Insurance Co. was, however, repudiated by the OP Co. on the ground that the vehicle was driven in the area of Meghalya without any valid route permit because the complainant had obtained the route permit only for the State of Haryana, Punjab, U.P and Uttrakhand. It was further stated that the vehicle was loaded with Wax which is a hazardous item and the driver of the vehicle was not carrying any valid and effective driving licence to drive the vehicle loaded with hazardous items. Challenging the repudiation of his claim, the complainant filed a consumer complaint before the District Consumer Forum, Yamuna Nagar.