ORIENTAL INSURANCE CO. LTD. Vs. SHYAM SUNDER

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 09.07.2013 passed by the U.P. State Consumer Disputes Redressal Commission, Lucknow (in short, 'the State Commission') in Appeal No. 866/2013 The Oriental Insurance Co. Ltd. Vs. Shyam Sunder by which, while dismissing appeal order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/respondent's Tempo U.P. 86 H 9845 was insured by OP/petitioner for a period of one year from 23.5.2011. On 12.7.2011, complainant along with his son Puneet Kumar were coming to Agra from Aligarh along with goods and owner of the goods, the complainant stopped his vehicle under the jurisdiction of Police Station Khair, where he and his son came out of the vehicle to attend natural calls and parked the vehicle on the road and in the meantime, owner of the goods fled away with the vehicle. FIR was lodged with the Police Station Khair and claim was submitted to the OP, but OP repudiated the claim. Alleging deficiency on the part of OP, complainant filed complaint before District forum. OP resisted complaint and submitted that the complainant committed negligence by leaving the key in the vehicle while going to ease out and claim was rightly repudiated and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP to pay Rs.3,50,000/- along with interest and Rs.2,000/- for mental agony and Rs.2,000/- for litigation charges. Appeal filed by the petitioner was dismissed by the State Commission vide impugned order against which; this revision petition has been filed.

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