NATIONAL INSURANCE CO. LTD. Vs. JAGAN NATH

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 23.04.2008 passed by the State Consumer Disputes Redressal Commission, U.T. Chandigarh (in short, the State Commission ) in Appeal No. 68 of 2008 Jagan Nath Vs. National Insurance Co. Ltd. by which, while allowing appeal, order of District Forum dismissing complaint was set aside.

(2.) Brief facts of the case are that Complainant/Respondent s car PB-11-B-5337 was insured by OP/petitioner for a period of one year from 26.10.1998 to 25.10.1999. Car was stolen on 18.3.1999 and FIR was registered. Intimation was given to the Insurance Company. Claim was submitted to the OP, but OP vide letter dated 16.8.2002 apprised that cover note has not been issued by the Company. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that no theft was committed and it was a concocted story and further submitted that no intimation was given to OP regarding theft of vehicle. Learned District Forum after hearing both the parties dismissed complaint. Appeal filed by the complainant was allowed by learned State Commission vide impugned order and directed OP to pay a sum of Rs.90,000/- along with 12% p.a. interest and further awarded cost of Rs.20,000/- against which, this revision petition has been filed.

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