NEW INDIA ASSURANCE CO LTD Vs. S VENUGOPAL

JUDGEMENT

(1.) THE complainant/respondent who owns a Chevrolet Forrester Car had got the said car insured with the petitioner company. The aforesaid car, while being driven by the complainant during the currency of the policy, met with an accident on 10.05.2004. The complainant claims to have spent a sum of Rs.2,58,675/ - on repair of the said car. The claim lodged by him for reimbursement of the expenditure incurred by him, however, was repudiated by the insurance company that he did not hold a valid driving licence on the date the car met with the accident. Being aggrieved from the rejection of his claim, the complainant approached the concerned District Forum by way of a complaint. The insurance company resisted the complaint on the same ground on which the claim had been repudiated.

(2.) VIDE its order dated 16.12.2005, the District Forum directed the Insurance Company to pay a sum of Rs.1,69,650.73 to the complainant alongwith compensation quantified at Rs.5,000/ - and the cost of litigation quantified at Rs.500/ -.

(3.) BEING aggrieved the order passed by the District Forum, the Insurance Company approached the concerned State Commission by way of an appeal. Vide impugned order dated 01.10.2010, the State Commission modified the order passed by the District Forum by directing the insurance company to pay a sum of Rs.1,27,238/ - representing 75% of the assessed amount to the complainant alongwith cost of litigation quantified at Rs.500. The direction of the District Forum to pay compensation quantified at Rs.5000/ - was set aside. Being still dissatisfied, the Insurance Company is before this Commission by way of this revision petition.