NATIONAL INSURANCE CO. LTD. Vs. LICHMA DEVI

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against order dated 13.5.2010 passed by the learned State Consumer Disputes Redressal Commission, Rajasthan, Jaipur (in short, 'the State Commission') in appeal No. 2088/2008, National Insurance Co. Ltd. v/s. Lichma Devi by which while allowing appeal order of District Forum dismissing complaint was set aside. Brief facts of the case are that complainant - respondent got his Maruti car RJ 31CA 0049 insured with opposite party -petitioner for a sum of Rs. 2,75,706 for the period of one year from 26.4.2006 to 25.4.2007. On 29.6.2006 while coming from Delhi to Pilibanga, there was sparking beneath the desk board as a result of which, there was a fire and car war burnt totally. FIR was lodged and intimation was given to opposite party who appointed surveyor but opposite party repudiated claim by letter dated 6.12.2006 on the ground that fire occurred due to bursting of cylinder which was in violation of terms and conditions of the policy and driver Mangal Singh was having only learning licence which was not a valid licence. Alleging deficiency on the part of opposite party, complainant filed complaint before the District Forum. Opposite party resisted complaint and justified repudiation for the reasons mentioned in the repudiation letter and prayed for dismissal of the complaint. Learned District Forum after hearing both the parties, dismissed the complaint. Appeal filed by complainant was allowed by learned State Commission vide impugned order and opposite party was directed to pay Rs. 2,06,780 with 9% p.a. interest along with Rs. 7,000 as cost of litigation against which this revision petition has been filed along with application for condonation of delay;

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

(3.) Learned Counsel for the petitioner submitted that as there is delay of only 33 days in filing the revision petition which was not intentional, delay may be condoned. Learned Counsel for the opposite party has not made any serious objections. In such circumstances, as there is delay of only 33 days, I condone the delay.