UNITED INDIA INSURANCE CO. LTD. THOROUGH ITS DULY CONSTITUTED ATTORNEY MANAGER HEAD OFFICE Vs. LAXMI NEGI WD/O.SH. OM PRAKASH NEGI MASTER PARIKSHIT NEGI MINOR S/O. LATE. SH. OM PRAKASH NEGI THROUGH HIS MOTHER AND NATURALGUARDIAN SMT. LAXMI NEGI R/O. VILLAGE KHADRA P.O. AKPA TEHSIL MOORANG. KINNAAUR H.P.

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 21.4.2009 passed by the H.P. State Consumer Disputes Redressal Commission, Shimla (in short, 'the State Commission') in Appeal No. 310 of 2008 United India Ins. Co. Ltd. Smt. Laxmi Negi & Anr. by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that Complainant No. 1/Respondent No. 1's husband and Complainant No. 2/Respondent No. 2's father deceased Om Prakash Negi was owner of Mahindra & Mahindra pick up bearing registration No. HP-25/1219 which was duly insured with the OP-Company for Rs.3,42,000/- and the insurance policy was valid up to 3.1.2002. That on 18.3.2001 at about 11.30 p.m. the ill-fated vehicle met with fatal accident at place 4 km away from village Rarang towards village Khadra with the result the deceased OM Prakash Negi who was driving the vehicle received injuries and succumbed to these injuries on spot. That matter about accident was reported to OP-Company and lodged the claim with them, but the OP-Company dilly-dallied the settlement of the insurance claim on one pretext or the other despite lapse of more-than two years. Alleging deficiency on the part of OP, complainants filed complaint before District Forum. OP resisted complaint and submitted that the seating capacity of the disputed vehicle is 2+1 whereas at the time of the accident, eight persons were sitting in the ill-fated vehicle. As such it being breach of conditions of insurance policy the OP-Company was well within their right to repudiate the claim of the complainant which was conveyed vide letter dated 11.3.2002. They however, alleged that the final survey was conducted by Sh. Kailash Chandra, Surveyor and Loss Assessor who assessed the loss to the tune of Rs.1,15,128.63 on repair basis, but as there was breach of terms and conditions of insurance policy, claim was not payable and rightly repudiated and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay Rs.1,15,129/- with 9% p.a. and further directed to pay litigation cost of Rs.1500/-. Appeal filed by OP was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties and perused record.