ASHOK KUMAR MISHRA Vs. DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY LTD.
LAWS(NCD)-2020-11-19
NCDRC
Decided on November 10,2020

ASHOK KUMAR MISHRA Appellant
VERSUS
DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY LTD. Respondents

JUDGEMENT

- (1.) This revision petition has been filed by the petitioner Ashok Kumar Mishra challenging the order dated 29.08.2013 passed in Appeal No. 1174 of 2010 by the Uttar Pradesh State Consumer Disputes Redressal Commission Lucknow (in short the State Commission).
(2.) Brief facts of the case are that the petitioner had purchased a Tata mini truck in the year 1998. The petitioner purchased an insurance policy for his truck from the opposite party/ respondent No.1 herein with IDV of Rs.4,80,000 and the said policy was valid from 23.09.2000 to 22.09.2001. The said truck met with an accident on 14.01.2001 due to failure of brakes. The petitioner informed the insurance company and the insurance company appointed a surveyor who visited the spot and submitted his preliminary report. The complainant then got his vehicle repaired and submitted the claim to the insurance company. It is the case of the complainant that no response was received from the insurance company and therefore, he gave a legal notice to the insurance company on 05. 06.2002 but received no reply. Consequently, the complainant filed a consumer complaint before the District Forum being CC No. 253 of 2002. The complaint was resisted by the opposite party by filing the written statement stating that in reply to the legal notice, the insurance company had informed the complainant that after receiving the report of the spot surveyor a letter was sent to the complainant dated 11.04.2001 to inform where the vehicle was being repaired so that the final survey could be conducted. However, no response was received from the complainant and therefore claim was closed. The District Forum, however, allowed the complaint vide its order dated 29.05. 2010 and directed the insurance company to pay a sun of Rs. 1,46,680 as repairing charges along with Rs.10,000 as compensation for mental agony and Rs.1,000 as litigation expenses, thus totaling Rs. 1,57,680 to the complainant along with 6% per annum interest from the date of filing of the complaint. Aggrieved by the order of the District Forum, the opposite party insurance company preferred an appeal before the State Commission being FA 1174 of 2010. The State Commission vide its order dated 29.08.2013 accepted the appeal of the insurance company and dismissed the complaint.
(3.) Hence the present revision petition by the petitioner complainant.;


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