AMAR SINGH Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) Aggrieved by the Order dtd. 1/8/2016 of the State Consumer Disputes Redressal Commission, Punjab (hereinafter referred to as the 'State Commission'), the Petitioner/ Complainant through his legal heirs has filed this Revision Petition under Sec. 21(b) of the Consumer Protection Act, 1986 (for short 'the Act') against M/s New India Insurance Co. Ltd. and Ors. (hereinafter referred to Respondents/ Opposite Parties/ Insurance Company) with prayer to set aside the Order of State Commission, which had set aside the Order of the District Consumer Disputes Redressal Forum, Gurdaspur (hereinafter referred to as the 'District Forum') dtd. 18/2/2014 which had allowed the Complaint. I will not go into the details of the Complaint as it has been adequately covered in the Orders of the District Forum and the State Commission.

(2.) The brief fact of the case as narrated in the Complaint is that the Complainant took an Insurance Policy from the Insurance Company for his vehicle vide Policy Cover Note No. 3616023111010000073 for period from 12/4/2011 to 11/4/2012. The Insured Declared Value (IDV) of the vehicle was Rs.14,50,015.00 . The vehicle met with an accident on 12/2/2012 at Village - Chiplun, District- Ratnagiri, State ' Maharashtra and was totally damaged. An FIR was lodged in the Police Station on 13/2/2012. The Complainant had stated that Rs.5,00,000.00 was spent on repair of the vehicle. He gave intimation of the loss to the Insurance Company and submitted all the relevant document. However, the claim was not settled. Aggrieved by this the Complainant filed a Complaint in the District Forum with prayer to direct the Insurance Company to make payment of Insurance Claim alongwith interest and other reliefs.

(3.) The District Forum allowed the Complaint and held as under: