RELIANCE GENERAL INSURANCE COMPANY LTD. Vs. RAM MEHAR

JUDGEMENT

(1.) This revision petition under Sec. 21(b) of the Consumer Protection Act, 1986 (in short, the 'Act') assails the order dtd. 17/5/2016 in First Appeal No. 269 of 2015 of the State Consumer Disputes Redressal Commission, Haryana (in short, the 'State Commission') upholding the appeal and modifying the order dtd. 29/4/2014 of the District Consumer Disputes Redressal Forum, Karnal (in short, the 'District Forum') in Consumer Complaint no. 259 of 2011. The order of the District Forum partly allowing the complaint was upheld by the State Commission and the order modified to allow a higher compensation.

(2.) The relevant facts in the petition are that respondent's commercial vehicle no. HR 45A 0412, model 2004 was insured by the petitioner for Rs.2,25,000.00. On 9/9/2009 the vehicle met with an accident and was seized by the police. Intimation about the accident was conveyed to the petitioner on 24/9/2009 which was a breach of the condition of the policy which mandates immediate intimation. The claim preferred by the respondent was repudiated as a "no claim" against which a consumer complaint was filed before the District Forum. The complaint was allowed on non-standard basis for 75% relying on the judgment of the Hon'ble Supreme Court in Amlendu Sahoo Vs. Oriental Insurance Corporation, Civil Appeal no. 2703 of 2010 = (2010) ACJ 1250 with interest @ 9% till realization, compensation of Rs.3,000.00and legal cost of Rs.2,200.00. On appeal, the State Commission modified the order to the full Insured Declared Value (IDV) of Rs.2,25,000.00 with entitlement of the insurance company to salvage. This order is impugned before us by way of a revision petition on the ground that the order of the State Commission suffered from material irregularity.

(3.) I have heard the authorized representative of the petitioner and the learned counsel for opposite parties and carefully considered the material on the record.