ORIENTAL INSURANCE COMPANY LIMITED & ANR Vs. RAJAK

JUDGEMENT

(1.) This revision petition has been filed by the petitioners against the order dated 14.12.2012 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, 'the State Commission') in Appeal No. 1247 of 2012 Oriental Ins. Co. Ltd. Vs. Rajak by which, while dismissing appeal order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that Complainant/respondent's dumper HR-38K-0039 was insured by OP/petitioner and during currency of insurance dumper damaged in accident on 16.1.2003 while returning to Delhi from Bharatpur loaded with Silica sand. Complainant lodged report with the Police and intimation was given to OP. After getting vehicle repaired complainant submitted claim of Rs.4,34,428/- to OP which was repudiated on the ground that vehicle was overloaded at the time of accident. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that after intimation, surveyor was appointed and on investigation it was revealed that aforesaid dumper could carry weight upto 16,000 kgs. but it was loaded with 25,000 kgs and thus, violated terms and conditions of registration as well as policy, so, claim was rightly repudiated. It was further submitted that aforesaid dumper was loaded with Bill No. 5088 in the name of Maksood whereas Bill No. 6736 dated 9.2.2003 pertaining to vehicle HR-38B-2886 was loaded with 14MT of Silica in the name of Shariff and photocopy of GR6736 submitted by insured was false and forged, so, claim was repudiated and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay Rs.4,34,428/- with 9% p.a. interest and further directed to pay Rs.5,000/- as litigation expenses. Appeal filed by OP was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed along with application for condonation of delay.

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