NATIONAL INSURANCE CO LTD Vs. NELAPPA GANAPU HARIKANTH

JUDGEMENT

(1.) This revision petition has been filed by petitioner against order dated 31.10.2013 passed by State Commission in Appeal No. 1336/2013- Branch Manager, National Insurance Co. Ltd. Vs. Nellappa Ganapu Harikant @ Harikantra; by which while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/respondent is the owner of fishing boat by name "SHRAVYA" which was insured with the OP/Petitioner under Marine Hull Policy No. 602504/22/11/4100000004 w.e.f. 1/6/2011 to 31/5/2012. On 8/4/2012 while fishing in the midnight the boat met with an accident due to heavy waves and sustained damages. The accident was informed to the opposite party/petitioner. Alleging deficiency on the part of opposite party, complainant filed complaint before District Forum. Opposite party resisted complaint and submitted that as per the terms and conditions of the policy the complainant was not entitled for partial losses and that the alleged accident was informed to the OP only on 9.4.2012. He has not submitted the estimate of repairs to facilitate appointment of surveyor for inspection and estimation of loss. Hence, on these among other grounds elaborately narrated in the WS, the OP prayed for dismissal of the complaint. Learned District Forum after hearing both the parties allowed complaint and directed Opposite Party to pay Rs. 2,61,900/- with 9% p.a. interest and further directed to pay cost of Rs. 2,000/-. Appeal filed by opposite party was dismissed by Learned State Commission vide impugned order against which this revision petition has been filed.

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