Heard learned counsel for petitioner. After insured vehicle met with an accident, claim lodged with respondent-Corporation was repudiated holding violation of terms and conditions of Insurance policy, vehicle being used for hire and reward. After door of consumer fora was knocked by petitioner, District Forum in ex-parte proceeding keeping in view the cost of spare parts, while accepting complaint awarded compensation of Rs.2,81,275/- for damages suffered, alongwith cost of Rs.2,000/-. In appeal that was preferred by respondent-Corporation, State Commission, while upholding finding of District Forum, modified award restricting the same to Rs.1,10,500/- along with interest @ -2- 9% from 08.01.2006. Cost of Rs.2,000/- awarded by District Forum was however, maintained. Defence of petitioner against repudiation of claim by respondent –Corporation was that vehicle in question was taken without consent of petitioner and only cost of spare parts was valued at Rs.2,29,600/- in addition of labour charges that was required to be incurred by petitioner. Offer made by respondent –Corporation for settlement of claim at Rs.1,10,500/- was accepted by petitioner, which is evident from letter of acceptance. Since statement of witnesses were not supported by affidavits about use of vehicle for hire and reward, State Commission having taken into consideration unqualified acceptance made by petitioner for acceptance of Rs.1,10,500/-, as assessed by assessor rightly modified award to that extent, which did not require interference in revision. In the circumstances, revision petition is dismissed with no order as to costs.
......................JB.N.P. SINGHPRESIDING MEMBER | |
