SAMPURAN KAUR Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal has been filed by the appellant against the order dated 11.1.2012 passed by the learned H.P. State Consumer Disputes Redressal Commission, Shimla (in short, 'the State Commission') in R.P. No. 02/2011 National Insurance Co. Ltd. Vs. Smt. Sampuran Kaur by which, while allowing revision, order of District forum allowing prayer of complainant was set aside.

(2.) Brief facts of the case are that complainant/appellant's vehicle which was insured by OP/respondent met with an accident on account of which, vehicle was damaged and on filing complaint, learned District forum allowed complaint and directed OP to pay Rs.1,99,356/- subject to handing over salvage of the vehicle to OP. Complainant filed Execution Petition before District forum and during pendency of proceedings agreed to have the cost of salvage Rs.75,000/- deducted from awarded amount and learned District Forum disposed of execution application directing OP to deposit awarded amount after deducting salvage value. Later on, complainant moved another application for modifying aforesaid order dated 26.5.2008 which was dismissed by order dated 16.6.2009. Later on, complainant moved another application for direction to OP to receive salvage and pay salvage value which was allowed by learned District forum vide order dated 22.2.2011. OP filed revision petition against that order and learned State Commission vide impugned order while allowing revision petition set aside order of District forum against which, this appeal along with application for condonation of delay was filed.

(3.) Heard learned Counsel for the parties finally at admission stage and perused record.