NEW INDIA ASSURANCE CO. LTD. Vs. SANJAY BATRA

JUDGEMENT

(1.) THE vehicle of the respondent complainant met with an accident on 10.2.1992 during the currency of the insurance policy which was valid until 17.1.1993. The vehicle at the time of accident was being driven by one Swaran Singh. The Insurance Company was informed about the accident who appointed a Surveyor. The Surveyor assessed the damage at Rs. 1,04,935 . The claim, however, was repudiated on the ground that the driving licence of Swaran Singh was found to be fake and forged. On a complaint being filed before the District Forum, the petitioner/opposite party was ordered to pay to the respondent -complainant the amount of damage as assessed by their Surveyor and in addition pay interest at the rate of 18% per annum with effect from the date of repudiation of the claim till its payment.

(2.) APPEAL filed by the petitioner/opposite party before the State Consumer Disputes Redressal Commission, Delhi was dismissed albeit with the modification that the interest awarded by the District Forum being unjustified in terms of the provisions of Section 14 of the Consumer Protection Act 1986, the complainant would be entitled to only the amount as assessed by the Surveyor. The State Commission, all the same awarded lump sum compensation of Rs. 25,000 on the ground that the petitioner/opposite party had wrongly repudiated the claim of the complainant.

(3.) AGGRIEVED upon this order of the State Commission that the petitioner/opposite party has filed this revision petition before us. We have heard the learned Counsel for the parties and have perused the records of the case.