NATIONAL INSURANCE CO LTD Vs. VINODBHAI P PATEL

JUDGEMENT

(1.) Delay condoned.

(2.) This Revision Petition has been filed by National Insurance Co. Ltd. (for short "the Insurance Company"), the sole Opposite Party in the Complaint, questioning the correctness and legality of the order dated 24.09.2013, passed by the Gujarat State Consumer Disputes Redressal Commission at Ahmedabad (for short "the State Commission") in First Appeal No. 604 of 2011. By the impugned order, while dismissing the Appeal filed by the Insurance Company against the order dated 21.05.2011, passed by the District Consumer Disputes Redressal Forum, Sabarkantha (for short "the District Forum") in Complaint Case No. 142 of 2010, the State Commission has enhanced the compensation from Rs.94,150/- to Rs.1,25,536/-. By the said order, while partly accepting the Complaint, filed by the Respondent herein, alleging deficiency in service on the part of the Insurance Company in repudiating his claim for indemnification of the loss suffered by him on account of accident of the vehicle in question, namely, a truck, the District Forum had directed the Insurance Company to pay to the Complainant a sum of Rs.94,150/-, computed on non-standard basis, along with interest @ 6% p.a., as well as Rs.2,500/- as compensation for mental agony and costs. The District Forum had also directed that if the said amount was not paid to the Complainant within 60 days of its order, the Insurance Company shall be liable to pay interest @ 9% p.a. on the said amount.

(3.) In short, the controversy, which arose for consideration before the lower Fora, was whether the Insurance Company was justified in repudiating the said claim on the ground that on the date of accident, i.e. 07.02.2009, the driver did not have a valid license, in as much as it had expired on 19.01.2009.