UNITED INDIA INSURANCE CO. LTD. Vs. GURINDER SINGH

JUDGEMENT

(1.) This revision petition has been filed by the petitioners against the order dated 05.03.2010 passed by the Punjab State Consumer Disputes Redressal Commission, Chandigarh (in short, 'the State Commission') in Appeal No. 1019 of 2005 United India Insurance Co. Ltd. & Anr. Vs. Gurinder Singh by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant's/respondent's vehicle PB-09-F-0426 was insured by OP/petitioner. During subsistence of insurance policy, vehicle met with an accident on 6.2.2004, which was driven by Surjit Singh, Complainant intimated to the OP and as per advice of the OP, complainant got his vehicle repaired and spent Rs.1,10,918/-. Later on, OP repudiated the claim on the ground that at the time of accident son of the complainant was driving the vehicle without any driving licence. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that at the time of accident, vehicle was driven by Gundeep Singh son of the complainant who was not possessing a valid driving licence and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP to pay Rs.1,10,918/- with 12% p.a. interest and further awarded cost of Rs.250/-. Appeal filed by the petitioner was dismissed by the impugned order against which, this revision petition has been filed.

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