SHRIRAM GENERAL INSURANCE COMPANY LTD. Vs. PINKU BHAI

JUDGEMENT

(1.) This revision petition is directed against the order of Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, "State Commission") dated 5.3.2014 whereby State Commission dismissed the appeal No.538 of 2012 preferred by the petitioner/Company and confirmed the following directions issued by the District Forum :-

(2.) Briefly put facts relevant for the disposal of this revision petition are that the petitioner had insured his Innova Car with the petitioner/opposite party. During the currency of the insurance policy, the vehicle met with an accident resulting in total loss. The insurance claim was filed by the petitioner. Pursuant to the insurance claim, a surveyor was appointed. As per report of the surveyor, it was a case of total loss because the repair cost assessed by the surveyor was more than IDV of the vehicle. The insurance company repudiated the claim on two counts, one that the vehicle was insured as a private vehicle but it was being used for hire and secondly, it was overloaded at the time of accident.

(3.) The District Forum, Sirohi on consideration of the pleadings and evidence allowed the complaint and relying upon the law laid down by Hon'ble Supreme Court in the matter of Amelanda Sahu Vs. Oriental Insurance Co.Ltd., 2010 2 CPJ 9 , allowed the claim on non-standard basis and directed the petitioner/insurance company to pay to the petitioner 75% of the IDV of Rs.8.51 lakhs with 8% thereon from the date of filing of the complaint besides a sum of Rs.1,000/- was awarded as litigation charges.