NATIONAL INSURANCE CO. LTD. Vs. JINDU RAM

JUDGEMENT

(1.) The present revision petition has been filed against the judgment dated 03.01.2013 of the Himachal Pradesh State Consumer Disputes Redressal Commission, Shimla ('the State Commission') in First Appeal no. 99 of 2012.

(2.) The facts of the case as per the respondent/ complainant are that the respondent was the owner of a Tipper, which was insured with the petitioner for the period from 13.08.2009 to 12.08.2010. The respondent intimated the petitioner that the tipper had been parked on the night of 10th June 2010 when there was heavy snowfall. The respondent tried to start the vehicle, its engine burst suddenly. The bursting of the engine was caused due to freezing due to snowfall and low temperature. The petitioner deputed a spot surveyor and also a final surveyor. The final surveyor assessed the loss at Rs.1,03,321/-. However, the petitioner has reported that the damage to the engine was due to mechanical failure and this loss was not covered under the policy. On the basis of this report, the petitioner repudiated the claim.

(3.) Aggrieved by the repudiation of his claim the respondent filed a complaint, under Section 12 of the Consumer Protection Act, 1986, which the petitioner contested on the same ground, on which the claim had been repudiated. The District Consumer Disputes Redressal Forum, Kullu, Himachal Pradesh ('the District Forum') dismissed the complaint holding that the damage to the engine was caused by mechanical failure and not due to any external cause and hence the petitioner was not liable.