SHIV KUMAR Vs. UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This Revision Petition has been filed under Sec. 21 of the Consumer Protection Act, 1986 by Shiv Kumar, (hereinafter referred to as the 'Complainant') against the Impugned Order dtd. 13/12/2012 passed by State Consumer Dispute Redressal Commission, UT Chandigarh, (for short 'the State Commission') in First Appeal No. 316 of 2012, wherein the Appeal filed by the Appellant (Respondent herein) was allowed and the Order dtd. 5/8/2012 passed by District Consumer Dispute Redressal Forum-II, U.T. Chandigarh (for short 'District Forum') in CC No. 111/2011 was set aside.

(2.) The Complainant was an owner of a Tata Safari vehicle, and he got insured the same with the Opposite Party for the period starting from 1/1/2008 to 31/12/2008. The vehicle was involved in an accident on 27/11/2008, and a claim was lodged with the Opposite Party. The Surveyor, deputed by the Opposite Party, gave his opinion that the vehicle was a total loss, and advised the complainant to sell the vehicle, which could fetch about Rs.1,90,000.00. However, when the Complainant went to the Opposite Party for payment of the balance insured amount, the claim remained unsettled. The Opposite Party eventually repudiated the claim on the grounds that the driver of the vehicle held a license to drive only an LMV vehicle, not an LTV, and that the Complainant had no insurable interest in the vehicle at the time of the accident as he had already sold it to the driver.

(3.) Being aggrieved, the Complainant filed a Consumer Complaint before District Forum, U.T. Chandigarh for the compensation of Rs.5,06,350.00 with interest @ 18% p.a. He further prayed Rs.1.00 lakh towards mental agony and physical harassment alongwith cost of litigation of Rs.11,000.00.