(1.) This revision petition has been filed by the petitioner against the order dated 06-08-2009 passed by the Punjab State Consumer Disputes Redressal Commission, UT Chandigarh (in short, 'the State Commission') in Appeal No. 1210 of 2003 United India Insurance Co. Ltd. & Ors. Vs. Rekhwant Singh, by which while allowing appeal partly, order of District Forum allowing complaint was modified.
(2.) Brief facts of the case are that Complainant/respondent was owner of Maruti Esteem Car HR-51-D-8115 which was insured by opposite party/petitioner for an amount of Rs.2,50,000/- for a period of one year from 10.01.2002 to 09.01.2003. Car met with an accident on 09.06.2002 and got totally damaged. Intimation was given to opposite party. Claim was lodged with opposite party which was repudiated. Alleging deficiency on the part of opposite party, complainant filed complaint before District Forum. Opposite party resisted complaint, admitted issuance of insurance certificate but denied accident on 09.06.2002 and total loss due to accident. It was further submitted that Dr. Sunita Yadav was insured by opposite party and complainant has no insurable interest in the vehicle. It was further submitted that surveyor assessed loss of Rs.40,230/- but on account of no insurable interest claim was rightly repudiated and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed opposite party to pay Rs.3 lakhs with 9% p.a. interest and further directed to pay compensation of Rs.2,000/- and Rs.500/- as litigation expenses. Appeal filed by opposite party was partly allowed by learned State Commission vide impugned order and compensation was reduced to Rs.1,75,000/- and rate was reduced to 7.5% against which this revision petition has been filed.
(3.) Heard learned counsel for the parties and perused record.