UNITED INDIA INSURANCE COMPANY LTD Vs. MICHAEL VIEGAS

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against order dated 15.11.2013 passed by Learned State Commission in FA No. 75 of 2013- Mr. Michael Viegas Vs. United India Insurance Co. Ltd.; by which while allowing appeal order of the District Forum allowing complaint partly was modified and compensation was enhanced.

(2.) Brief facts of the case are that complainant- respondent, owner of Toyota Innova No. GA-07-C-1256 got it insured from opposite party/petitioner for a sum of Rs. 6.00 lakhs from 22/01/2010 to 21/01/2011 with limitation that vehicle could not be used for hire or reward. On 15/05/2010, vehicle met with an accident and passengers in the vehicle sustained injuries and vehicle was damaged. FIR was lodged at Tadas Police Station and intimation was given to opposite party. The opposite party appointed surveyor on 22/06/2010 who submitted its report on 26/08/2010 and assessed loss of Rs. 4.00 lakhs after deducting Rs. 2.00 lakhs as wreck value. Opposite party did not settle claim and later on obtained the report from K.B. Shellikeri, Investigator, on 15/03/2011 and again called report from M/s. Facts Finders who submitted that vehicle was used for hire and by letter dated 11/07/2011, opposite party repudiated claim as vehicle was used for commercial purpose. Alleging deficiency on the part of opposite party, complainant filed complaint before District Forum. Opposite party resisted complaint on the ground mentioned in repudiation letter and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint on non-standard basis and awarded Rs. 3.00 lakhs i.,e. 75% of Rs. 4.00 lakhs alongwith 9% p.a. interest and further awarded cost of Rs. 5,000/-. Appeal filed by the complainant was allowed by Learned State Commission vide impugned order and opposite party was directed to pay Rs. 6.00 lakhs alongwith Rs. 50,000/- as compensation and further allowed Rs. 10,000/- as cost of appeal and upheld cost awarded by District Forum and increased rate of interest from 9% to 11% p.a. against which this revision petition has been filed.

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