NEW INDIA ASSURANCE CO LTD Vs. JADAV NARENDRABHAI JETHABHAI

JUDGEMENT

(1.) THE New India Insurance Company Ltd., Mehsana Branch, which had figured as the opposite party in Case No. 349 of 1993 on the file of the District Forum, Mehsana has preferred this Revision Petition against an order dated 22.9.94 passed by the State Commission, Gujarat, Ahmedabad allowing Appeal No. 356 of 1993 filed before it by the complainant in the aforementioned case, setting aside the order of the District Forum, whereby the complaint had been dismissed and directing the Revision Petitioner Insurance Company to pay to the complainant a sum of Rs. 30,000/ -by way of compensation for the loss sustained by the complainant, as a result of an accidental fire which resulted in a total destruction of his auto rickshaw.

(2.) THE complainant owned an auto rickshaw bearing Registration No. GJ -1 -T -1488 and he had given it on lease to one Bhavsar Priyakant Mafatlal. While the said rickshaw was plying from Ahmedabad to Palsana at about 8 p.m. on 14th April, 1991 it caught fire due to a short circuit and was completely damaged. The complainant had insured the rickshaw, with the Revision Petitioner -Insurance Company and the policy of insurance was valid from April 17,1990 to April 16, 1991. Immediately after the occurrence of the fire accident and the consequential destruction of the rickshaw the complainant preferred a claim before the Insurance Company seeking to recover the full amount for which the rickshaw had been insured under the aforementioned policy.

(3.) ON appeal filed by the complainant before the State Commission, Gujarat, the State Commission was of the opinion that the case was fully covered by an earlier ruling of its own in Appeal No. 303 of 1993 New India Assurance Company v. Amrabhai Mulabhai Rathod, dated August 25, 1994 wherein the view had been taken that 'once the licence is renewed, it stands revived and it is effective from the date it expired'. After referring to the said earlier ruling the State Commission proceeded to state thus : -