ICICI LOMBARD GIC LTD Vs. ANJU DASHRATH SELOKAR

JUDGEMENT

(1.) This Execution Revision Petition has been filed by the petitioner, ICICI Lombard GIC Ltd. against the order dated 29.1.2014 passed by the State Consumer Disputes Redressal Commission, Maharashtra (for short, 'State Commission') in First Appeal No.A/13/85.

(2.) Brief facts of the case relevant for deciding the present Execution Revision Petition are that Truck No. MH-31 CB 4358 Tata 909 was owned by Mr. Atul Ashokrao Ugle and was insured with the petitioner insurance company with Policy ending on 1.11.2008. Meanwhile, the vehicle met with an accident on 1.1.2008 and the driver Dashrath Marotrao Selokar, who was the husband of the present complainant Ms. Anju Dashrath Selokar died in the accident. The Consumer Complaint no.801 of 2009 was filed by the wife of the driver for paying the insured amount of Rs.5,20,801/- alongwith Rs.2 lakhs as the insurance amount in the personal accident policy for the driver owner. Simultaneously, the owner of the truck Atul Ashokrao Ugle also filed Consumer Complaint bearing no. 718 of 2009 alongwith Ms. Anju Dashrath Selokar. Both the complaints were resisted by the petitioner insurance company on the ground that the complainants did not file any claim before the insurance company and therefore, both the complaints were not maintainable and were liable to be dismissed. However, the District Forum disposed of both the complaints by ordering that the complainants should submit the insurance claim in respect of the vehicle and the insurance claim in respect of the death of the driver of the vehicle alongwith entire documents to the insurance company and the non-applicant insurance company to dispose of the said claim within 45 days from the receipt of the same. The present complainant submitted all the papers to the insurance company. However, insurance company did not decide the matter within 45 days as ordered by the District Forum and Smt. Anju Dashrath Selokar, filed Execution Petition before the District Forum being EA/11/34 dated 6.5.2013. The District Forum passed the order directing the insurance company to pay Rs.7,20,801/- alongwith interest @ 12% p.a. as also compensation of Rs.50,000/- on the basis of the judgment of this Commission passed in R.P. No.2573 of 2003 New India Assurance Company Ltd. Vs. Sharma Oil & Cotton Ginning Factory and another.

(3.) Before the District Forum, the concerned Branch Manager of the insurance company also agreed to make payment. However, later on that Branch Manager resigned from the insurance company and the execution could not be completely satisfied at the stage of the District Forum. The insurance company preferred an Execution Appeal before the State Commission bearing no.A/13/85 and the State Commission partly allowed the Execution Appeal by reducing the rate of interest from 12% p.a. to 9% p.a. and amount of compensation from Rs.50,000/- to Rs.5,000/-. The insurance company has come in Execution Revision Petition against the order of the State Commission.