NATIONAL INSURANCE CO LTD & ANR THROUGH CHAIRMAN/MANAGING DIRECTOR; NATIONAL INSURANCE CO LTD NATIONAL LEGAL VERTICAL C/O DELHI REGINAL OFFICE I Vs. B L JAITWANI & SONS

JUDGEMENT

(1.) The complainant/respondent owned a tanker bearing registration no. RJ-31-GA- 1953 which he had got insured with the petitioner for the period from 14.12.2011 to 13.12.2012. On 22.07.2012, the aforesaid tanker was carrying Hydraulic Acid to Pathankot. The acid was unloaded at its destination. It later transpired that some acid still remained in the tanker. Due to leakage in the silencer of the tanker, it was required to be welded. A welder at the destination was requested and when he was welding the silencer, there was a blast as a result of which the vehicle got damaged and the mechanic as well as the driver sustained injuries. The claim lodged by the complainant for reimbursement for damage only to the vehicle was repudiated by the insurer vide letter dated 29.11.2012 which to the extent, it is relevant, reads as under:

(2.) The complaint was resisted by the primarily on the ground on which the claim was repudiated.

(3.) The District Forum having dismissed the complaint, the complainant/respondent approached the concerned State Commission by way of an appeal. Vide impugned order dated 27.02.2017, the State Commission allowed the appeal and directed the insurer to pay a sum of Rs.1,82,650/- alongwith interest @ 9% per annum and cost of litigation quantified at Rs.10,000/-. Being aggrieved from the order of the State Commission, the insurer is before this Commission by way of this revision petition.