NEW INDIA ASSURANCE COMPANY LTD Vs. LALIT KUMAR S/O MOHAN SINGH
NEW INDIA ASSURANCE COMPANY LTD
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S. M. Kantikar, J. -
(1.) This Revision Petition has been filed against the order 27.02.2019 passed by the H.P. State Consumer Disputes Redressal Commission, Shimla (hereinafter referred to as "the State Commission"), whereby the Appeal No. 164 of 2018 preferred by the Petitioner herein has been partly allowed. The State Commission modified the order of the District Consumer Disputes Redressal Forum, Shimla (in short "the District Forum") and directed the Petitioner to pay to the Complainant 70% of the OD claim as assessed by Surveyor-Cum-Loss Assessor alongwith interest @ 9% p.a. from the date of filing of complaint till the date of realization.
(2.) Brief facts are that, the complainant Mr. Lalit Kumar is the owner of the vehicle 'Mahindra Pick up' bearing registration no. HP-06A-4287. The vehicle was duly insured with insurance company (OP) for the period from 25.04.2014 to 24.04.2015. During subsistence of the policy on 19.07.2014 at about 6:00 pm the vehicle met with an accident and got damaged on Rattanpur Majhewali Road, PS Jhakri, Tehsil Rampur, District Shimla. An FIR was registered with the police was filed and intimation of accident was also given to the OP -insurance company. Complainant submitted an insurance claim to the OP along with necessary documents, but the OP did not settle the claim and repudiated it on 02.12.2014. Therefore, being aggrieved by the deficiency n service from OP, the complainant filed a complaint before District Forum.
(3.) The OP- Insurance Company filed its written version. OP submitted thatthe vehicle was overloaded at the time of accident and three persons died who were travelling in the vehicle. At the time of accident, the driver was under the influence of alcohol. The driver was not having valid and effective driving license at the time of accident. The driving license submitted by the complainant was fake.Thus, the terms and conditions of the insurance policy were violated and repudiation of claim was justified.;
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