UNITED INDIA INSURANCE COMPANY LIMITED Vs. GAURISH BHATNAGAR

JUDGEMENT

(1.) This revision petition has been filed by the petitioner United India Insurance Company Ltd. against the order dated 01.12.2016 passed in first Appeal No. 863 of 2010 by the State Commission , Rajasthan at Jaipur.

(2.) Brief facts of the case are that the Respondent No. 1 got his owned car No. RJ14-6C-7878 insured from United India Insurance Company Limited, the Petitioner herein for the period 10.7.2005 to 9.7.2006. While going from Jaipur to Gurgaon, on 15.8.2005, Respondent's car was damaged as a stone hit the vehicle from beneath and its engine got damaged and oil started leaking from the engine. Respondent took the car to authorised dealer who gave estimate of Rs.1,89,837/- for repairing of the car. Respondent gave the information to the Petitioner Company for appointment of surveyor and produced claim before the Insurance Company which was rejected by the company vide letter dated 18.10.2005. Respondents gave letter for appointment of second surveyor but the company did not appoint second surveyor and as per the survey report of the first surveyor, offered for payment of Rs.5166/- for the claim. Hence, on 09.7.2006, Complaint was filed before the District Forum. In March, 2010, the District Forum held in favour of respondents and directed petitioner insurance company to pay Rs 5166/- as per survey report within one month and Rs.10,000/- for mental agony and also Rs.2000/- as litigation cost. The Respondents filed an appeal before the State Commission, and the State Commission allowed the appeal and modified the order of the District Forum by directing the petitioner to pay Rs.1,89,837/- in place of Rs.5,166/-.

(3.) Hence, the present revision petition.