ORIENTAL INSURANCE CO LTD Vs. BINAYA KUMAR AGARWAL

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 8.1.2014 passed by the learned State Consumer Disputes Redressal Commission, Odisha, Cuttack (in short, 'the State Commission') in Appeal No. 258 of 2013 Divisional Manager, The Oriental Insurance Co. Ltd. Vs. Sri Binaya Kumar Agarwal by which, appeal was dismissed as barred by limitation.

(2.) Brief facts of the case are that Complainant/Respondent's Tanker OR-14C-7072 was insured by OP/petitioner for a period of one year from 15.1.2010 to 14.1.2011 and tanker was licenced by Dy. Chief Controller Explosive to transport Petroleum Products. On 26.6.2010, vehicle while transporting Petroleum Products, met with an accident. Complainant submitted claim to the OP which was repudiated on the ground that the driving licence of the driver did not bear endorsement for driving vehicle carrying goods of dangerous and hazardous nature. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that claim was rightly repudiated and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP to pay Rs.4,24,190/- along with Rs.10,000/- as compensation for mental agony. Appeal filed by OP was dismissed by learned State Commission vide impugned order as appeal being barred by limitation against which, this revision petition has been filed along with application for condonation of delay.

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