NATIONAL INSURANCE COMPANY LTD Vs. SANJAY KUMAR

JUDGEMENT

(1.) PETITIONER was the opposite party before the District Forum, where Respondent/complainant had filed a complaint alleging deficiency in service on the part of the Petitioner.

(2.) VERY briefly stated the facts of the case are that the Respondent/complainant, who owned a Tata Tipper Trailer, got it insured with the Petitioner company for the period from 2.2.2005 to 1.2.2006. It was the case of the Respondent/complainant that on 16.1.2006 when the insured vehicle was unloading coal at the site to which it was being transported, the vehicle turned turtle on the left side causing damage to the vehicle. The matter was reported to the Petitioner, who appointed a spot Surveyor and also a regular Surveyor. They assessed the loss at Rs. 2,50,923 but on preferring the claim, it was repudiated by the Petitioner Insurance Company. It is in these circumstances, a complaint was filed before the District Forum, where the matter was contested by the Petitioner and the District Forum after going through the material on record allowed the complaint and directed the Petitioner to pay a sum of Rs. 2,96,372 after deducting 10% of the depreciation value within a period of one month. Aggrieved by this order, an appeal was filed by the Petitioner before the State Commission, which was also dismissed, hence, this revision petition before us.

(3.) LEARNED Counsel for the Petitioner wishes to rely upon the report of one Ramesh Kumar Jain, allegedly, an expert whose opinion was sought by the Petitioner and secondly on condition 2(a) of the terms of the insurance, attached with the Policy.