NEW INDIA ASSURANCE CO. LTD. Vs. KIRAN

JUDGEMENT

(1.) This Revision Petition has been filed against the impugned Order dtd. 26/2/2020 passed by the Ld. State Consumer Disputes Redressal Commission, Himachal Pradesh in First Appeal No. 87 of 2018, vide which the Appeal filed by the Petitioners was partly allowed and the Order of the Ld. District Forum was modified.

(2.) The factual background, in brief, is that Complainant No. 1 is the wife of the deceased, Late Sh. Tulsi Ram, and the other Complainants are his children and mother. The deceased, Tulsi Ram, was the owner of an Alto K10 car bearing registration No. DL-8CZ-3443, which he purchased for personal use. He insured the car with the Opposite Party/Petitioner Insurance Company for a sum assured of Rs.2,41,633.00, valid from 18/4/2014 to 17/4/2015. The car met with an accident on 25/1/2015 near Kashdhar, Theog, District Shimla, resulting in extensive damage. An FIR was lodged with the Police, and intimation was given to the Insurance Company. After submitting the documents requested by the Insurance Company, a final survey was conducted by the Insurance Company's Surveyor. About one year after the accident, the Complainants received a letter dtd. 9/7/2015, in which the Claim was repudiated on the grounds that the driver was under the influence of liquor at the time of the accident. Aggrieved by the wrongful repudiation by the Insurance Company, the Complainants filed their Complaint before the Learned District Forum, Shimla.

(3.) The District Forum vide its Order dtd. 15/11/2017 allowed the Complaint and directed the Petitioner to pay the Complainants the sum of Rs.2,31,068.00 with interest @ 9% p.a. from the date of filing of Complaint till the date of realization, along with Rs.10,000.00 towards mental agony and Rs.5,000.00 towards litigation cost. The Petitioners then filed Appeal before the Ld. State Commission, which partly allowed it and modified the Order of the District Forum. The relevant extracts of the impugned Order are set out as below -