CHANDAN SINGH Vs. NATIONAL INSURANCE COMPANY LTD. THROUGH ITS AUTHORISED SIGNATORY
LAWS(HRCDRC)-2013-10-7
HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on October 10,2013

CHANDAN SINGH Appellant
VERSUS
National Insurance Company Ltd. Through Its Authorised Signatory Respondents

JUDGEMENT

REKHA GUPTA,MEMBER - (1.) REVISION petition no. 3718 of 2013 has been filed against the order dated 23.01.2013 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula ( the State Commission) in First Appeal no. 413 of 2009.
(2.) THE brief facts of the present case as conveyed from the record that truck bearing registration no. HR 46 C 9534 of the complainant/ petitioner was insured with the respondent / opposite party no. 1/ insurance company with effect from 24.05.2005 to 23.05.2006. On 14.12.2005 when the truck was on its way from Yamuna Nagar to Rajkot and reached near Mehla on NH No. 8, the front tyre of the truck burst due to which truck caught fire and burnt. Rapat no. 569 dated 14.12.2005 was lodged with the concerned police. Upon intimation, the insurance company appointed a surveyor/ loss assessor of the company namely Shri K S Hans, who inspected the vehicle and assessed the damage/ loss of the vehicle in the following manner: On Repair Basis Rs.13,41,637/ - On Total Loss Basis Rs. 7,98500/ - On net of salvage basis Rs. 6,23,500/ -
(3.) IN view of the above assessments, the surveyor recommended the loss on net salvage basis subject to the terms and conditions of the policy. However, the claim submitted by the petitioner was repudiated by the insurance company on the ground that at the time of obtaining the insurance policy, the petitioner did not disclose that the petitioner had obtained the claim during the subsistence of the previous policy on his insured truck and thus by fraudulent means the complainant/ petitioner illegally got 20% discount as No Claim Bonus  qua the premium of the policy. Forced by these circumstances, the petitioner invoked the jurisdiction of the District Consumer Forum by filing a complaint. Upon notice, the opposite parties appeared and contested the complaint by filing their separate written statements. The Insurance Company in their separate written statement justified the repudiation of petitioners claim on the ground stated in the preceding paragraph of this order and prayed for dismissal of the complaint.;


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