UNITED INDIA INSURANCE CO. LTD. Vs. SHYAM LAL

JUDGEMENT

(1.) THIS Revision Petition has been filed by the Petitioner against the order dated 19.9.2013 passed by State Commission in First Appeal No. 740 of 2008, by which while allowing appeal partly, order of the District Forum allowing complaint was modified.

(2.) BRIEF facts of the case are that Complainant -Respondent -Sole Proprietor got his stock insured from Opposite Party -Petitioner for Rs. 60.00 lakhs for a period of one year from 10.3.2003 to 9.3.2004. In the intervening night of 1 -2 May, 2003, fire took place in the insured 's premises and loss of Rs. 9.00 lakhs was caused. Complainant submitted claim to Opposite Party and fully cooperated with Opposite Party and the surveyor and supplied all the documents but his claim was not settled . Alleging deficiency on the part of Opposite Party, Complaint filed complaint before the District Forum. Opposite Party resisted complaint and submitted that surveyor assessed loss of Rs. 54,545/ - and denied other allegations and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed the complaint and directed Opposite Party to pay Rs. 6,52,480/ - as loss and further allowed Rs. 1.00 lakh towards compensation for mental agony and Rs. 20,000/ - towards cost of litigation. Appeal filed by the Opposite Party was partly allowed by Learned State Commission vide impugned order and compensation of Rs. 6,52,480/ - was reduced to Rs. 54,545/ - and rest of the order was upheld against which this Revision Petition has been filed.

(3.) HEARD Learned Counsel for the parties and perused record. Learned Counsel for the Petitioner submitted that Learned State Commission while modifying compensation committed error in upholding compensation of Rs. 1.00 lakh for mental agony etc. and Rs. 20,000/ - as cost of litigation, hence, Revision Petition be allowed and impugned order be modified to this extent.    Learned Counsel for Respondent submitted that order passed by Learned State Commission is in accordance with Law, hence, Revision Petition be dismissed.