NATIONAL INSURANCE CO. LTD. Vs. DHIRAJ SHARMA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 24.05.2012 passed by the H.P. State Consumer Disputes Redressal Commission, Shimla (in short, the State Commission ) in Appeal No. 201/2010 & 233/2010 by which, while dismissing both appeals, order of District forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/respondent got his Mahindra Max Cab HP 01 A 3068 insured from OP/petitioner for a sum of Rs.2,90,000/- for a period of one year from 7.4.2004 to 6.4.2005. On 22.6.2004, complainant while driving vehicle met with an accident and vehicle was damaged. Surveyor was appointed by OP, who recommended Rs.2,39,000/- after deducting salvage value. OP repudiated claim on the ground that complainant, who was driving vehicle was under influence of liquor at the time of accident. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and reiterated that as complainant was driving vehicle under influence of liquor, claim was rightly repudiated and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP to pay Rs.2,39,000/- with 9% p.a. interest and further directed to pay Rs.3500/- as cost of litigation. Both parties filed appeal before learned State Commission and learned State Commission dismissed both appeals vide impugned order against which, this revision petition has been filed along with application for condonation of delay.

(3.) Heard learned Counsel for the parties finally at admission stage and perused record.