ARCHANA PATEL Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Kumari Archana Patel, against the order dated 21.8.2013 of the State Consumer Disputes Redressal Commission, Orissa (in short 'the State Commission') passed in FA No. 897of 2006.

(2.) Brief facts of the case are that on 19.12.2003, the petitioner /complainant insured her car bearing Registration No. CG.8.ZD/1179 with the respondent Insurance Company vide policy No. 153401/31.3.6102769. The validity of the insurance cover was upto 19.12.2004. On 25.11.2004, the above said insured car of the petitioner met with an accident with an unknown truck which dashed the car from front causing serious damage. The car was driven by Birju Sahu S/o Puma Sahu, who was holding a valid driving licence at the time of accident. On the same day, the matter was reported to the OIC of jharsuguda Police Station who entered it as SDE No. 682 of 2004. The petitioner submitted the claim form along with other required documents before the respondent/Insurance Company for claim. On 22.2.2005, the respondent/Insurance Company called the petitioner to its office to have a discussion to explore the possibility of settlement of claim but eventually repudiated the claim. On 8.3.2006, the petitioner/ complainant aggrieved by the attitude and repudiation of claim by the respondent/ Insurance Company filed a CD. case bearing No. 14/2006 before the District Consumer Disputes Redressal Forum, Jharduguda, (in short 'the District Forum'). On 20.6.2006, the respondent/Insurance Company filed a written statement, On 17.10.2006, the District Forum, passed an order directing the respondent/ Insurance Company to pay the claim of Rs. 1,50,000 within 30 days of the order, failing which interest @ 9% p.a. would be charged. On 14.11.2006, the respondent/Insurance Company preferred First Appeal bearing No. 897 of 2006 before the State Commission. On 21.8.2013, the State Commission allowed the appeal and set aside the order passed by the District Forum.

(3.) Hence the present revision petition.