NATIONAL INSURANCE CO. LTD. Vs. RAM SINGH GURJAR

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 4.9.2013 passed by the M.P. State Consumer Disputes Redressal Commission, Bhopal (in short, 'the State Commission') in Appeal No. 163 of 2008 National Insurance Co. Ltd. Vs. Ram Singh Gurjar by which, while allowing appeal partly, order of District Forum allowing complaint was modified.

(2.) Brief facts of the case are that Jeep No. MP 06 B 2478 was registered in the name of complainant/respondent's father Chandan Singh, who expired on 20.1.2006. Jeep was insured by OP/petitioner for a period of one year from 29.1.2005 to 28.1.2006. It was further submitted that on 8.1.2006, Jeep was stolen. FIR was lodged on next day, but vehicle could not be traced. OP was intimated and claim was lodged on 17.1.2006, which was repudiated by letter dated 16.8.2007 on the ground of complainant not having valid driving licence, permit and on account of leaving keys in the vehicle carelessly. Alleging deficiency on the part of OP, complainant filed complaint before District forum. OP resisted complaint and submitted that vehicle was not transferred in the name of complainant and he has not filed any succession certificate showing himself to be the only heir. It was further submitted that other heirs of deceased are alive which have not been impleaded as complainant and complaint is liable to be dismissed for non-joinder of necessary parties. It was further submitted that 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 insured amount with 6% p.a. interest along with cost of Rs.500/-. Appeal filed by OP was partly allowed by impugned order and amount was reduced to 75%, i.e., Rs.2,19,102/- against which, this revision petition has been filed along with application for condonation of 15 days delays .

(3.) Heard learned Counsel for the parties and perused record.