NATIONAL INSURANCE COMPANY LTD. THROUGH MANAGER, NATIONAL LEGAL VERTICAL 2E/9, JHANDEWALAN EXTENSION, NEW DELHI Vs. LAKHVEER SINGH S/O. SH. KARTAR SINGH, R/O. VILLAGE MIRPUR, P.O

JUDGEMENT

(1.) By this Revision Petition, National Insurance Company Limited (for short the Insurance Company ) calls in question the correctness and legality of the order dated 31.08.2016, passed by the Punjab State Consumer Disputes Redressal Commission at Chandigarh (for short the State Commission ) in First Appeal No. 60/2014. By the impugned order, the State Commission has affirmed the order dated 05.12.2013, passed by the District Consumer Disputes Redressal Forum, Hoshiarpur (for short the District Forum ) in Consumer Case No. 165/2013. By the said order, the District Forum, while accepting the Complaint, filed by the Respondent herein, alleging deficiency in service on the part of the Insurance Company in not accepting the claim preferred by him for indemnification of the loss suffered by him, on account of the accident of the insured vehicle, namely, Nissan Micra Diesel XV Premium (R), Storm White S Grey, had directed the Insurance Company to pay to the Complainant the full amount of IDV of Rs.5,29,915.00, after deducting the depreciation and the amount under excess clause, along with litigation costs, quantified at Rs.10,000.00.

(2.) The short question arising for consideration in this Revision Petition is as to whether the Fora below were justified in issuing the afore-noted directions, despite the fact that the Complainant, vide settlement dated 02.04.2013, had agreed to accept a sum of Rs.3,00,000.00 as full and final settlement of his claim. It is relevant to mention at this juncture itself that out of the afore-noted amounts, a sum of Rs.3,00,000.00 has already been remitted by the Insurance Company to the account of the Complainant on 21.09.2013.

(3.) Having heard learned Counsel for the Insurance Company, we are of the opinion that answer to the afore-stated question has to be in the affirmative, i.e. in favour of the Complainant and against the Insurance Company.