(1.) This revision is directed against the order dated 6.6.2002 of Consumer Disputes Redressal Commission UT, Chandigarh allowing appeal against the order dated 3.12.2001 of a District Forum and directing the petitioner/opposite party-Insurance Company to pay Rs. 10,000/- as compensation for deficiency in service and to settle the claim of Respondent/complainant under the policy within a period of two months.
(2.) In short, facts giving rise to this revision petition are these. Bajaj Trax Model 95 bearing Registration No. DL-ICE-1878 owned by the respondent was insured for an amount of Rs. 2,50,000/- with the petitioner for the period from 25.7.1996 to 24.7.1997. Vehicle met with an accident on 3.9.1996 near Palwal. At that time, it was being driven by Ravi Kumar, son of the respondent. On being informed of incident, the petitioner appointed Surveyor and subsequently investigator. On claim being repudiated, the respondent filed complaint which was contested by the petitioner. In written version, the petitioner, inter alia, pleaded that vehicle in question was insured for private use but was being plied as taxi at the time of accident. Taking note of the contents of 10 claim petitions before Motor Accident Claims Tribunal, Chandigarh filed by the occupants, etc. of the vehicle, the District Forum dismissed the complaint holding that there was no deficiency in service on part of Insurance Company in repudiating the claim of respondent. Against District Forum's order, the respondent filed appeal which was allowed by State Commission with the direction noticed above. State Commission was of the opinion that claim petitions filed by the occupants of vehicle in question before Motor Accident Claims Tribunal, Chandigarh were not relevant pieces of evidence and there was no other evidence led by Insurance Company to show that the vehicle was being used as taxi in breach of conditions of policy at the time of accident.
(3.) It was indicated by Mr. S.P. Singh for respondent that after the order under challenge was passed, the petitioner-Insurance Company settled the claim for Rs. 1,28,785/- being 75% of Rs. 1,77,699/- being the amount incurred on repairs of vehicle and that amount has also been received on 14.1.2003 by the respondent.