DIJABAR SAHOO Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) CHALLENGE in this revision is to the order dated 6. 2. 2008 of Consumer Disputes Redressal Commission Orissa, Cuttack dismissing appeal against the order dated 27. 5. 2005 of a District Forum.

(2.) PETITIONER/complainant's Mini truck bearing registration No. OR-02q 8202 was insured with the respondent/opposite party -Insurance Company for the period from 2. 2. 2004 to 1. 2. 2005. On 4. 3. 2004, the truck met with an accident and was damaged. FIR was lodged. Respondent was intimated of the accident. Claim made under the policy of Rs. 1,42,000 by the petitioner was closed as 'no claim' by the letter dated 30. 8. 2004 by the Insurance Company. Complaint filed thereafter by the petitioner was contested by the respondent-Insurance Company on a variety of grounds. District Forum's aforesaid order against which appeal was dismissed, being material is re-produced below:

(3.) SUBMISSION advanced by Mr. Suresh Mohanty for the petitioner is that for setting the claim production by the petitioner of GR record mentioned in the letter dated 30. 8. 2004 is not necessary and the person who was injured in the accident even had not pursued the case before the police. In support of former limb of the submission, reliance has been placed on the order dated 17. 8. 2007 passed in M. A. C. A. No. 1088/2006 by the Orissa High Court placed on the file. In our view, this order has no reliance in this case. It is not for the petitioner but the respondent - Insurance Company to decide which papers are necessary for settling the insurance claim by it. We, therefore, do not find any illegality or jurisdictional error in the orders passed by Fora below calling for interference in revisional jurisdiction under Section 21 (b) of Consumer Protection Act, 1986. Revision is, therefore, dismissed. Revision Petition dismissed.