INDER PAL RANA Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THE petitioner is the owner of a vehicle bearing no. HP 12C 4659, which he had got insured with the opposite party, National Insurance Co. Ltd. for the period from 28.03.2011 to 27.03.2012. The vehicle met with an accident on 19.09.2011 and the matter was reported to the police. Intimation having been given to the Insurance Company, a Surveyor was appointed to assess the damage to the vehicle. According to the petitioner a sum of Rs. 3,44,992/ - was spent by him on repair of the vehicle. The claim, however, was rejected by the Insurance Company on the ground that though the petitioner had taken a claim from the previous insurer, ICICI Lombard General Insurance Co. Ltd. against the policy which expired on 20.03.2011, he while taking insurance from National Insurance Co. Ltd., claimed a No Claim Bonus amounting to Rs. 3,606.05/ - by making a false declaration that no claim against the vehicle in question had been taken. However, when National Insurance Co. Ltd. inquired with ICICI Lombard General Insurance Co. Ltd., it was informed that a claim had been taken against the damage of the vehicle.

(2.) BEING aggrieved from the rejection of his claim, the petitioner approached the concerned District Forum by way of a complaint. Vide order dated 24.06.2014, the complaint was dismissed on the ground that the complainant had made a false declaration while obtaining the insurance policy.

(3.) BEING aggrieved from the order passed by the District Forum, the petitioner approached the concerned State Commission by way of an appeal. The said appeal having been dismissed vide order dated 16.10.2014, the petitioner is before us, by way of this revision petition. The learned counsel for the petitioner submits that it was the duty of the Insurance Company to verify the averments made by the petitioner before insuring the vehicle and had that been done, it would have come to know that in fact the petitioner had taken a claim against the above referred vehicle. He further submits that the petitioner cannot be made to suffer for the negligence on the part of the officials of the Insurance Company, in not verifying the aforesaid fact from the previous Insurance Company. He places reliance upon Section 27 (f) of the Indian Motor Tariff, which reads as under: -