NATIONAL INSURANCE COMPANY LTD. Vs. SANJEEV KUMAR

JUDGEMENT

(1.) This revision petition has been filed by the petitioner/OP against the order dated 25.08.2010 passed by the State Consumer Disputes Redressal Commission, U.T. Chandigarh (in short, 'the State Commission') in Appeal No. 136/10 Sanjeev Kumar Vs. National Ins. Co. Ltd. by which, while allowing appeal, order of District Forum dismissing complaint was set aside.

(2.) Brief facts of the case are that complainant/respondent's car No. CH04-B-4076 was insured by OP/respondent for one year commencing from 21.6.2008 to 20.6.2009. Car met with an accident on the intervening night of 20/21.8.2009 and vehicle was damaged in the accident. As compromise was entered into between the complainant and other offending vehicle, no FIR was lodged, but intimation was given to the OP. OP appointed surveyor, but claim of the complainant was repudiated on the ground that licence of the complainant was not valid for car/jeep who was driving vehicle at the time of accident. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP contested complaint and submitted that on verification, the licence was not found valid for driving car; hence, claim was rightly repudiated and prayed for dismissal of the complaint. Learned District Forum after hearing both the parties dismissed complaint and gave opportunity to the complainant to agitate the matter before civil court. On appeal filed by the complainant, learned State Commission vide impugned order allowed complaint and directed OP to make payment of Rs.55,875/- being 75% of the total claim on sub-standard basis against which this revision petition has been filed.

(3.) Heard learned Counsel for the petitioner and respondent in person finally at admission stage and perused record.