NATIONAL INSURANCE CO LTD Vs. GHANSHYAM SHARM

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner against the order dated 17.05.2013 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, 'the State Commission') in Appeal No. 276/2013 National Insurance Co. Ltd. and Ors. Vs. Ghanshyam Sharma by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) BRIEF facts of the case are that Complainant/respondent no.1 purchased truck no. UP -17A -4177 and got it insured from OP/petitioner for a period of one year from 24.2.2005 to 23.2.2006 and also got coverage of personal accident for Rs.2,00,000/ -. Truck met with an accident on 17.10.2005 and complainant sustained injuries. His left leg was amputated. He suffered 60% permanent disability. Complainant submitted his claim, but the same was not settled. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that no information of accident was given by the complainant to OP. It was further submitted that as per terms of insurance policy, claim was payable only in case of accident of the vehicle while the same being driven by owner of the vehicle. It was further submitted that as per FIR complainant was second driver and was checking air pressure of the tyres while the vehicle was stationary and he sustained injuries and was not entitled to any compensation and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay Rs.2,00,000/ - with 9% p.a. interest and further allowed Rs.3,000/ - as cost of litigation. Appeal filed by OP was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

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