SATBIR SINGH Vs. RELIANCE GENERAL INSURANCE COMPANY THROUGH ITS BRANCH MANAGER
LAWS(HRCDRC)-2013-10-4
HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on October 07,2013

SATBIR SINGH Appellant
VERSUS
Reliance General Insurance Company Through Its Branch Manager Respondents

JUDGEMENT

K.S.CHAUDHARI,PRESIDING MEMBER - (1.) THIS revision petition has been filed by the petitioner/complainant against the order dated 24.08.2012 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, ˜the State Commission) in Appeal No. 796/12 - Satbir v. Reliance General Ins. Co. & Anr. by which, while dismissing appeal of the complainant, order of District forum allowing complaint was also set aside.
(2.) BRIEF facts of the case are that Complainant/petitioner got his Bolero HR -39 -A -9361 insured from OP/respondent for a period of one year from 8.5.2009 to 7.5.2010. On 1.11.2009, vehicle was snatched by some culprits and FIR was lodged and intimation was also given to OP. Claim was submitted to OP, but claim was repudiated by letter dated 2 8.5.2010. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP/respondent resisted complaint and submitted that vehicle was insured as private car but was used for hire and reward at the time of accident and was constantly being used for commercial purposes. Claim was rightly repudiated and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint on non -standard basis and directed OP to pay Rs. 3,07,500/ - along with 7% p.a. interest Petitioner filed appeal before learned State Commission for enhancement of compensation and learned State Commission vide impugned order while dismissing appeal set aside order of District Forum and dismissed complaint against which this revision petition has been filed.
(3.) HEARD learned Counsel for the parties and perused record. Learned Counsel for the petitioner submitted that learned State Commission has committed error in dismissing complaint on the appeal filed by the complainant for enhancement of compensation even without any cross appeal from respondent; hence, revision petition be allowed and impugned order be set aside. On the other hand, learned Counsel for the respondent submitted that State Commission had power to dismiss complaint even without cross appeal and order passed by State Commission is in accordance with law; hence, revision petition be dismissed.;


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