NATIONAL INSURANCE COMPANY LIMITED Vs. RAMDEO MODI

JUDGEMENT

(1.) This revision petition has been filed by the petitioner National Insurance Company Limited against the impugned order dated 08.09.2015 of the State Consumer Disputes Redressal Commission, Jharkhand, (in short 'the State Commission') passed in First Appeal No.50 of 2015.

(2.) Brief facts of the case are that the respondent No.1/complainant purchased Mahindra Scorpio vehicle bearing Registration No.JH-01-80-6332 on 03.07.2012 from respondent No. The vehicle was insured by the petitioner for Rs.10,17,953.00 on 06.06.201 The policy was valid from 06.06.2012 to 05.06.2013. The vehicle met with an accident on 007.2012 where the son of the complainant died. The estimate of repairs was submitted for Rs.8,61,012 This estimate was given by respondent No. However, the surveyor appointed by the petitioner has recommended to indemnify the loss assessed by him as Rs.6,00,092.00. The complainant wanted full replacement of the vehicle or the payment of IDV on the ground that the vehicle was totally damaged and was beyond repair. The complainant filed a complaint No.42/2013 before the District Consumer Forum, Koderma, (in short 'the District Forum') and the District Forum allowed the complaint vide its order dated 16.02015 as under:-

(3.) Aggrieved by the order of the District Forum, the opposite party/petitioner filed First Appeal No.50 of 2015 before the State Commission, which was dismissed vide order dated 08.09.2015 as under:-