NATIONAL INSURANCE COMPANY LTD THROUGH ITS AUTHORISED SIGNATORY, REGIONAL OFFICE Vs. VIVEK TIWARI S/O MR.ONKAR NATH TIWARI, R/O TALWANDI KOTA RAJASTHAN

JUDGEMENT

(1.) Both these revision petitions arise out of single order of State Commission; hence, decided by common order.

(2.) These revision petitions have been filed by the petitioner against the order dated 3.12013 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, 'the State Commission') in Appeal No. 355/2009 National Insurance Co. Ltd. Vs. Vivek Tiwari and in Appeal No.433/2009 - Vivek Tiwari Vs. National Insurance Co. Ltd. by which, appeal of OP was dismissed and appeal of complainant was allowed.

(3.) Brief facts of the case are that Complainant purchased car and got temporary registration No. RJ-14-IC-265 on 31.5.2003, he got an insurance of his car from OP for a period of one year from 29.05.2003 to 28.5.2004. The car was insured for Rs.5,24,691.00 and the accessories of the car were also insured for Rs.64,000.00. His car was robbed and looted, when it was being driven by his uncle Mr. Arvind Tiwari at around 11:00 p.m. to 12:00 midnight on 15.07.2003 on road near Kota Open University. The matter was reported on 16.07.2003 to police station Mahaveer Nagar and the information was also given to the Insurance Company about the incident. The police submitted a final report on 20.12.2003 and a claim was submitted before the Insurance Company, but it was not allowed in To and the Insurance Company allowed the claim to the extent of Rs.3,70,775.00 on non-standard basis. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint, admitted issuance of policy, but submitted that as complainant in spite of reminders did not submit documents, claim could not be settled earlier. It was further submitted that registration of vehicle was not done as required under Motor Vehicle Act and prior to registration, vehicle was stolen; even then, regional office recommended payment of Rs.3,70,775.00. Denying any deficiency on their part, prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP to pay Rs. 5,89,292.00 along with Rs.500.00 as compensation and Rs. 500.00 as cost of litigation. Both parties filed appeals before State Commission and learned State Commission vide impugned order dismissed appeal of OP, but allowed appeal of complainant and further awarded 9% p.a. interest on aforesaid amount from the date of filing complaint and Rs. 10,000.00 as cost against which, these revision petitions have been filed along with application for condonation of delay.