NATIONAL INSURANCE CO. LTD. Vs. SURESH KUMAR

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 29.06.2009 passed by the H.P. State Consumer Disputes Redressal Commission, Shimla (in short, 'the State Commission') in Appeal No. 137 of 2007 Suresh Kumar Vs. National Insurance Co. Ltd. by which, while allowing appeal, order of District forum dismissing complaint was set aside and complaint was partly allowed.

(2.) Brief facts of the case are that Complainant/Respondent was registered owner of Mahindra pick up jeep No. HP-31-2782 and he got it insured from OP/petitioner for a sum of Rs.2,10,000/- for a period of one year from 20.3.2005 to 19.3.2006. On 27.8.2006, vehicle met with an accident and vehicle was damaged and FIR was lodged. Complainant reported incident to OP and OP asked complainant to get it repaired. Complainant got it repaired and paid Rs.1,00,000/- for repairs and claim was submitted to OP. OP vide letter dated 24.1.2006 repudiated claim on the ground that at the time of accident vehicle was carrying six unauthorized persons. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint, admitted issuance of insurance policy, but submitted that surveyor found that at the time of accident vehicle was carrying six unauthorized passengers whereas vehicle was registered as goods carrier ,so, claim was rightly repudiated and prayed for dismissal of complaint. Learned District Forum after hearing both the parties dismissed complaint. Appeal filed by the complainant was allowed by learned State Commission vide impugned order and OP was directed to pay Rs.59,722/- with 9% p.a. interest and further directed to pay Rs.5,000/- as cost of litigation against which, this revision petition has been filed.

(3.) None appeared for the respondent even after service and he was proceeded ex-parte.