RAJENDRA SINGH YADAV Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 12.04.2013 passed by the Rajasthan State Consumer Disputes Redressal Commission, Circuit Bench No. 3, Jaipur (in short, 'the State Commission') in Appeal No. 1568 of 2011 National Insurance Co. Ltd. Vs. Rajendra Singh Yadav by which, while allowing appeal, order of District Forum allowing complaint was set aside and directed to pay amount as per surveyors report.

(2.) Brief facts of the case are that Complainant/petitioner's truck RJ-02-G-5382 was insured by OP/respondent for a period of one year from 21.12.2009 to 20.12.2010. On 4.2.2010, truck overturned and damages were caused. Intimation was given to OP. It was further submitted that approx. Rs. 1,50,000/- were spent on repairs of the truck and complainant submitted documents to OP. Surveyor assessed loss of Rs.18,000/- towards parts and Rs.1800/- towards labour charges. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. District Forum after hearing both the parties, allowed complaint and directed OP to pay Rs.1,00,000/- as damages and Rs.3,000/- for mental agony. Appeal filed by OP was dismissed by learned State Commission. This Commission in R.P. No. 3886 of 2011 filed by OP set aside order of State Commisson and remanded the matter back to the leaned State Commission to pass speaking order. After remand, State Commission passed impugned order against which, this revision petition has been filed.

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