ORIENTAL INSURANCE CO. LTD Vs. AJEET VERMA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 10.02.2012 passed by the M.P. State Consumer Disputes Redressal Commission, Bhopal (in short, 'the State Commission') in Appeal No. 1221/09 Ajeet Verma Vs. The Oriental Ins. 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 purchased Tata Safari on 7.11.2007 and got it insured from OP/petitioner for a period of one year from 7.11.2007 to 6.11.2008. At the time of insurance, vehicle was unregistered. On 9.11.2007, vehicle met with an accident and upto that period, registration was not applied. Complainant lodged claim with the OP and surveyor assessed loss of Rs.7,02,000/-. As vehicle was not registered, OP assessed claim on non-standard basis to the tune of Rs.5,26,250/-. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that repudiation of claim on violation of law is not unreasonable and prayed for dismissal of complaint. 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 held that complainant was entitled to Rs.7,02,000/- as compensation subject to deduction of Rs.3,00,000/- as salvage value and further allowed 9% p.a. interest from 5.5.2008, the date when offer was made by OP against which this revision petition has been filed along with application for condonation of delay.

(3.) Heard learned Counsel for the parties finally at admission stage and perused record.