NEW INDIA ASSURANCE CO LTD Vs. MANINDERJEET SINGH KHERA
LAWS(NCD)-2020-8-69
NCDRC
Decided on August 26,2020

NEW INDIA ASSURANCE CO LTD Appellant
VERSUS
Maninderjeet Singh Khera Respondents

JUDGEMENT

PREM NARAIN,J. - (1.) This revision petition has been filed by the petitioner New India Assurance Company Limited challenging the order dated 30 May 2017 passed in first appeal No. 01/ 2017 by the Punjab th State Consumer Disputes Redressal Commission, Chandigarh (in short the State Commission).
(2.) The brief facts of the case are that the respondent complainant is the owner of the vehicle Chevrolet Optra which was insured from the opposite parties/ petitioner herein for the period from 16.09.2014 to 15.09.2015. The vehicle of the complainant met with an accident on 08.11.2014 and the vehicle was badly damaged. It has been stated by the complainant that notice of the accident was given to the OPs, however, despite several reminders the claim was not finalized. Hence, the complainant filed a consumer complaint before the District Forum. The complaint was resisted by the opposite parties mentioning that the claim of the complainant was not genuine as the vehicle got damaged before taking the insurance and hence, it was requested to dismiss the complaint. The District Forum, however, allowed the complaint and directed the opposite party to pay Rs.3,25,000/- to the complainant for damages to the vehicle as assessed by the surveyor with interest at the rate 9% per annum and Rs.10,000/- as compensation towards harassment as well as Rs.5,000/- towards litigation cost.
(3.) Aggrieved by the order of the District Forum, the opposite party preferred an appeal before the State Commission and the State Commission dismissed the appeal with cost of Rs.10,000/- to be deposited with the legal aid account of the Commission as the State Commission found the appeal to be a frivolous appeal against well-reasoned order passed by the District Forum.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.