NATIONAL INSURANCE COMPANY LTD. Vs. JAGIR KAUR

JUDGEMENT

(1.) - This revision petition has been filed against the judgment dated 7.9.2012 of the Punjab State Consumer Disputes Redressal Commission, Chandigarh (the State Commission') in Appeal No. 837 of 2008.

(2.) The facts of the case as per the respondent/complainant are that the respondent was the owner of Scorpio vehicle which was insured with the petitioner/ Insurance Company for the period from 7.6.2006 to 6.6.2007. On 18.3.2007, respondent's son Baljinder Singh @ Mintu was driving the vehicle, when it met with an accident and was damaged. The driver also received injuries regarding which an intimation was given to the police and an FIR was also recorded. The petitioner/ Insurance Company was also informed and they appointed a surveyor. Baljinder Singh @ Mintu son of the respondent who was driving tire vehicle died in the accident. The respondent submitted the claim to the petitioner/ Insurance Company but the Insurance Company repudiated the same on wrong assumptions. The respondent, therefore, filed the present complaint for payment of Rs. 4,85,611 along with interest @ 18% per annum, Rs. 2,00 lakh as compensation for the death of Baljinder Singh @ Mintu with interest and Rs. 25,000 as cost of litigation.

(3.) The petitioner/Insurance Company has admitted that the said vehicle was insured with them and it was reported to have met with an accident. On receipt of the intimation, the Insurance Company appointed a surveyor who assessed the loss at Rs. 2,09,000. It was contended that the respondent had availed 20% bonus by making a false statement at the time of obtaining the insurance of the vehicle alleging that she had not earlier claimed any compensation for any accident in the previous policy which fact was proved to be wrong. In view of the false assertions, the respondent was not entitled to any compensation.