UNITED INDIA INSURANCE CO. LTD. Vs. VEERBHAN JAT

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 25.9.2013 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, 'the State Commission') in Appeal No. 668/2013 & 643/2013 - United India Insurance Co. Ltd Vs. Veer Bhan Jat by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/respondent owner of vehicle No. RJ 32 FA 4174 obtained insurance policy from OP/petitioner for a sum of Rs.17,45,000/- for a period of one year from 26.3.2008 to 25.3.2009. On 28.5.2008, complainant's driver was driving vehicle loaded with maize from Chittorgarh to Safido Mandi, Haryana and in the mid-night, 20-25 people armed with weapons stopped the vehicle, snatched Rs.23,000/-, sprayed petrol on the vehicle and put it on fire on account of which, horse of the truck was totally burnt and all the documents kept in the truck also burnt. Intimation was given to the Police. Fire-brigade controlled fire. Intimation was given to OP and documents were made available to OP. OP repudiated claim on the ground that there was no valid and effective permit on the date of accident whereas all documents along with permit were available with the complainant which burnt with the vehicle. It was further submitted that terms and conditions of policy were not supplied to the complainant. Alleging deficiency on the part of OP, complainant filed complaint before District forum. OP resisted complaint and submitted that surveyor assessed loss of vehicle on total loss basis for Rs.13,06,201/- and after deducting wreck value of Rs.4,50,000/-, assessed loss of Rs.8,54,701/-. It was further submitted that on the date of accident i.e. 28.5.2008 there was no valid permit for driving vehicle and claim was rightly repudiated and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint partly and directed OP to pay 75% of the amount i.e. 13,08,750/- with 9% p.a. interest and also directed to pay Rs.8,000/- for mental agony and Rs.3,000/- as cost of litigation. Both the parties preferred appeals before State Commission and learned State Commission vide impugned order dismissed both the appeals against which, this revision petition has been filed.

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