NATIONAL INSURANCE CO. LTD. Vs. DURAI RAJ

JUDGEMENT

(1.) The complainant/respondent dispatched to Delhi, 2002 bundles of safety matches through Olympic Transport on 06.03.2002. The case of the complainant is that the aforesaid consignment was insured with the petitioner company vide Policy No.651003/21/2000/4401639 dated 06.3.2002. The vehicle carrying the aforesaid consignment, met with an accident on 09.3.2002, as a result of which the said consignment got destroyed by fire. On intimation being given to the insurer, a surveyor was appointed to assess the loss to the complainant. The claim however was repudiated by the insurer, vide letter dated 31.3.2003, on the ground that the insured had not declared all the consignments dispatched by him, as was required as per the terms and conditions of the policy. It was further stated in the aforesaid letter that the claim documents were fabricated and the consignment neither belonged to the insured nor had it been dispatched through the lorry involved in the accident. Being aggrieved from the rejection of the claim, the complainant approached the concerned District Forum by way of a complaint.

(2.) Vide its order dated 21.04.2006, the District Forum allowed the complaint and directed the insurance company to pay a sum of Rs.3,42,360/- to the complainant along with cost of litigation quantified at Rs.2,000/-.

(3.) Being aggrieved from the order of the District Forum, the insurance company preferred an appeal before the concerned State Commission. The said appeal having been dismissed, the insurer is before this Commission by way of the present Revision Petition.