NEW INDIA ASSURANCE CO. LTD. Vs. BIRENDER MISHRA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 9.5.2008 passed by the State Consumer Disputes Redressal Commission, Delhi (in short, 'the State Commission') in Appeal No. 08 of 225 New India Assurance Co. Ltd. Vs. Birender Mishra by which, while dismissing appeal, order of District forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/respondent got his Tata Sumo HR 5BT 2888 insured with OP/petitioner for a period of one year from 22.8.2003 to 21.8.2004. On 9.5.2004, vehicle met with an accident and suffered extensive damage and complainant spent Rs.1,15,975/- on repairs of the vehicle and submitted claim to OP. OP repudiated claim on the ground that driver was holding two driving licences and vehicle was registered as a taxi, but driver was holding licence of LM (NT) plus TSR. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and reiterated objections taken in letter of repudiation and prayed for dismissal of complaint. Leaned District Forum after hearing both the parties allowed complaint and directed OP to pay Rs.1,15,975/- with 9% p.a. interest and further allowed compensation of Rs.5,000/- and Rs.2,000/- as cost of litigation. Appeal filed by the OP was dismissed by leaned State Commission vide impugned order against which, this revision petition has been filed along with application for condonation of delay of 14 days.

(3.) Heard learned Counsel for the parties and perused record.