LAWS(NCD)-2017-7-87

NATIONAL INSURANCE CO. LTD. Vs. HARINANDAN PRASAD

Decided On July 28, 2017
NATIONAL INSURANCE CO. LTD. Appellant
V/S
Harinandan Prasad Respondents

JUDGEMENT

(1.) This revision petition is directed against the order of the State Commission dated 28.11.2016 whereby the appeal filed by the petitioner against the order of the District Forum came to be dismissed on merits. Since there is a delay of about four months in filing the revision petition, an application seeking condonation of the said delay has also been filed.

(2.) The complainant owned a truck, bearing registration No. BRG-9199, which he had got insured with the petitioner company. The said truck was allegedly damaged due to fire on 26.6.1986, during the subsistence of the insurance policy. A complaint was filed by the complainant/respondent before the concerned District Forum, being Consumer Complaint No. 803 of 1994, giving the number of the vehicle as BRQ-9199, wherein vide order dated 19.11995, the petitioner was directed to settle the claim. Since the claim was not settled, Adjudication Case of 7 of 1996 was filed by the complainant against the petitioner. It transpired at that stage that in the intimation given to the petitioner, the complainant had given the number of the truck as BRQ-9199 instead of BRG-9199.

(3.) The District Forum vide its order dated 14.2009, having allowed the complaint, the petitioner approached the concerned State Commission which dismissed the appeal filed by the petitioner company vide impugned order dated 28.11.2016.