NATIONAL INSURANCE CO LTD Vs. MAHESHBHAI MALDEBHAI MODHVADIA

JUDGEMENT

(1.) This appeal is directed against the order of the State Commission, Gujarat dated 29.12017 whereby the State Commission partly allowed the complaint filed by the respondent/insured and directed the appellant as under: -

(2.) Briefly stated, facts relevant for the disposal of the appeal are that the complainant insured one excavator registration No.GJ-03-CL-9344 with the appellant insurance company for IDV 22, 50, 000/-. On 11.2012 the excavator got damaged because of fire due to sudden spark. The intimation was given to the insurance company and other authorities. The insurance claim filed by the respondent/complainant was repudiated by the petitioner/opposite party on the ground that he had obtained the insurance cover pertaining to the excavator by concealment of material fact.

(3.) The State Commission on completion of pleadings and taking evidence on behalf of the parties allowed the consumer complaint and directed the petitioner as noted above. Being aggrieved the appellant has approached this Commission in appeal.