NATIONAL INSURANCE CO LTD Vs. ANIL TRADING CO

JUDGEMENT

(1.) Challenge in these Revision Petitions under Section 21(b) of the Consumer Protection Act, 1986 (for short the "Act") is to the impugned orders dated 05.03.2010 in First Appeal No. 1201 and 1202 of 2008 passed by the Punjab State Consumer Disputes Redressal Commission at Chandigarh (for short "the State Commission"). By the impugned orders, the State Commission has dismissed the Appeals preferred by the National Insurance Company Ltd. (hereinafter referred to as "the Insurance Company") and concurred with the finding of the Consumer Disputes Redressal Forum, Ludhiana (for short "the District Forum").

(2.) As both these Revision Petitions arise out of the common impugned order they are being disposed of vide this common order.

(3.) The facts in brief in Complaint No. 449/2006 (subject matter of RP No. 2358/2010) are that the Complainant Company is owner of a 4 wheeler LVT bearing registration No. PB10-BM-5972 and the same was insured with the Insurance Company for an amount of Rs. 5,00,000/- for the period from 28.02.2005 to 27.02.2006. While so, the vehicle met with an accident on 04.05.2005 and a police complaint was lodged with the Police Station Jagraon. As the vehicle was completely damaged, a claim for an amount of Rs. 1,32,726/- for damage to the truck and Rs. 26,000/- towards damage to the tanker totalling a sum of Rs. 1,58,726/- was made with the Insurance Company. A surveyor was appointed who inspected the damage. The Complainant also submitted the requisite documents. However, the first claim was rejected vide letter dated 02.09.2005 on the ground that the permit of the vehicle was to carry tea, karyana goods, food grains, oil seeds, pulses, bardana but not to carry edible oil, for which permit of the vehicle was not valid and the second claim was not settled on the ground that the prior 15 days' intimation was not given regarding the dispatch of consignment. Despite repeated requests the Insurance Company did not settle the claim and hence the Complainant Company approached the District Forum seeking a direction to the Insurance Company to release the claim amount of Rs. 1,58,726/- along with interest @ 18% p.a. together with compensation of Rs. 1,00,000/- and costs.