JUDGMENT

Deepak Verma, J.

1. Leave granted.

2. Insured is before us challenging the correctness, legality and propriety of the order passed by National Consumer Disputes Redressal Commission, New Delhi (in short 'National Commission') in Revision Petition No. 2899 of 2008 on 18.12.2008 titled M/s. United India Insurance Company Ltd. v. Rubi (Chandra) Dutta.

3. Facts lie in narrow compass:

Appellant is the owner of bus bearing Registration No. WB-57/6715. Appellant had taken an Insurance Policy Cover from Respondent Insurance Company with respect to the bus, for the period between 13.1.2003 to 12.1.2004 and had paid the insurance premium for the same, acknowledging which, the Respondent had issued the receipt in her favour. On the intervening night of 4/5.07.2003 on National Highway No. 34 while the said Bus was proceeding to Hilli from Puri, it dashed against a Neem tree and turned turtle. The bus was massively damaged on impact and then slid into a roadside ditch. Thus, not only the body of bus but its internal systems also suffered extensive damage. The passengers travelling therein were also injured.

4. F.I.R. was lodged with the local Police Station and after investigation, the polic