LAWS(NCD)-2014-8-60

VISHNU SINGH Vs. IFFCO TOKIO GENERAL INSURANCE CO.

Decided On August 01, 2014
VISHNU SINGH Appellant
V/S
Iffco Tokio General Insurance Co. Respondents

JUDGEMENT

(1.) The present Revision Petition has been filed before this Commission under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 01.08.2012 in Appeal No. 1522 of 2011 passed by the State Consumer Disputes Redressal Commission (in short, 'State Commission'). The State Commission has wrongly dismissed the appeal of the Petitioner filed against the order dated 08.09.2011 passed by the District Consumer Disputes Redressal Forum, (in short, 'District Forum').

(2.) Brief facts of the case are: The Complainant, Mr. Vishnu Singh, insured his Tavera Car with the OP/Respondent, for the period 07.06.2009 to 06.05.2010. Mr. Amrit, a friend of the Complainant, on 26.09.2009, took the vehicle along with his driver to Ambala, when the car met with an accident, while returning from Faridabad, on 27.06.2009. All the occupants of the car, including the driver, died in the accident. FIR was registered with the Police Station Samalta, District Panipat. The Complainant submitted the claim with the OP for the damages. The OP repudiated the claim on the ground that the Complainant was using the vehicle for hire and reward, which was against the terms and conditions of the insurance policy. Therefore, the Complainant filed the Complaint before the District Forum.

(3.) The District Forum partly allowed the complaint and directed the OPs to pay Rs.3,30,726/- to the Complainant, within 2 months and Rs.2,200/- as litigation expenses.