NATIONAL INSURANCE CO LTD Vs. ANWAR ALI

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against order dated 18.9.2013 passed by State Commission in FA No. 1556/2012- National Insurance Co. Ltd. Vs. Anwar Ali; by which while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/respondent obtained Insurance of his truck No. RJ-25-GA-491 for Rs. 10,50,000/- for a period of one year from 26.2.2009 to 25.2.2010 from opposite party/petitioner. Truck was parked near Kamal Filling Station, Ramganjmandi on 24.1.2010 while carrying coal from Surat to Bhawani Mandi. Truck was properly locked but when the driver woke up in the morning, truck was not found. FIR was lodged, but, truck could not be traced. Complainant lodged claim with opposite party and opposite party allowed claim of Rs. 6,81,000/- on non-standard basis as truck was not having valid fitness certificate. Alleging deficiency on the part of opposite party, complainant filed complaint before District Forum. Opposite party resisted complaint and submitted that as complainant has received Rs. 6,81,000/- as full & final settlement, complaint was not maintainable. It was, further, submitted that on the date of alleged theft, effective fitness certificate of the insured vehicle was not available which expired on 2.4.2009 and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed opposite party to pay balance of Rs. 3,69,000/- with 10% p.a. interest and further directed to pay Rs. 10,000/- for mental agony and Rs. 5,000/- as cost of litigation. Appeal filed by opposite party was dismissed by Learned State Commission vide impugned order against which this revision petition has been filed alongwith application for condonation of delay.

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