NEW INDIA ASSURANCE CO. LTD. Vs. PARSHOTAM KUMAR

JUDGEMENT

(1.) Shorn off unnecessary details, the facts relevant for the disposal of the review petition are that the review petitioner filed a consumer complaint against the opposite party being aggrieved of the repudiation of his claim in respect of damage caused to the insured truck in an accident.

(2.) The opposite party justified the repudiation of the insurance claim on the ground that the truck at the relevant time was being driven with the excessive load beyond the permissible quantity. The District Forum on consideration of pleadings and the evidence dismissed the complaint.

(3.) Being aggrieved of the order of the District Forum, the review petitioner/complainant approached the State Commission in appeal. The State Commission, Punjab vide its order dated 18.5.2015 allowed the appeal, set aside the order of the District Forum and directed the opposite party to pay 75% of Rs.1,31,555/- as compensation to the complainant with 9% interest thereon from the date of filing of complaint till the actual payment.