NATIONAL INSURANCE CO LTD Vs. BIMLA DEVI

JUDGEMENT

(1.) The present revision petition has been filed by the petitioners who were the opposite parties in the complaint against the order of Haryana State Consumer Disputes Redressal Commission, Panchkula ( in short, the State Commission) which was dismissed vide order dated 12.09.2018 in Appeal No.858 of 2017.

(2.) The brief facts of the case are that respondent had purchased Honda Siel Car Sallon bearing registration no. DL-3CAK-2200 and insured the same with the petitioner for the period w.e.f. 18.06.2014 to 17.06.2015 vide insurance policy no. 426010311410000777 (Exhibits P2 and P3). At the time of issuance of insurance policy, the insured declared value was mentioned as Rs.10,20,000/-. The said car was stolen. Police report was filed. The police after investigation submitted its report that the car was untraceable, which report was accepted by the concerned Magistrate. The petitioners were also informed of the theft, which took place on the intervening night of October 18th / 20th, 2014. Their surveyor gave his report and fixed the liability of Rs.1,95,000/- on the ground that said vehicle was purchased only for an amount of Rs.1,95,000/-. They offered the said amount to the respondent which was refused by the respondent. The respondent filed the complaint before the District forum for payment of entire insured amount alongwith other benefits.

(3.) Parties have led their evidences before the District Forum and on the basis of evidences led by the parties, complaint was allowed and contention of the petitioners that they are liable to pay only sum of Rs.1,95,000/- was rejected. This order was impugned by the petitioners before the State Commission. Their main contention has been that their liability is restricted only to the amount of Rs.1,95,000/- since it is the amount paid by the respondent towards the purchase of said vehicle. The contention raised by the complainant before the District Forum and State Commission in this regard was that this amount of Rs.1,95,000/- was paid by cheque and amount of Rs.14,50,000/- was paid by cash at the time of purchase of vehicle.