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PAMIDIGHANTAM SRI NARASIMHA, SANDEEP MEHTA
Rajesh Kumar – Appellant
Versus
National Insurance Co. Ltd. – Respondent
Key Points: - The National Commission cannot interfere with pure findings of fact arrived at by District and State Commissions while exercising revisional jurisdiction. (!) (!) - Delay in intimating the insurer can be condoned if it is properly explained; the State Commission found the delay reasonable and the claim payable on damage due to accident as well as short-circuiting. (!) (!) - The State Commission examined the genuineness of the accident claim via police report and discarded the surveyor’s report for lack of evidence. (!) (!) - The National Commission transgressed its jurisdiction by altering the amount payable, overriding concurrent findings of fact. (!) (!) - Condition No. 4 of the policy disallows claims for damage due to short-circuiting if caused by leaving the vehicle unattended; the Court disapproved the National Commission’s application of this condition to exclude short-circuiting damages. (!) (!) - The Court restored the State Commission’s order directing payment of the entire insured declared value of Rs. 5,02,285/- with 9% interest. (!)
JUDGMENT
PAMIDIGHANTAM SRI NARASIMHA, J.
1. Leave granted.
2. The present appeals challenge the order dated 16.07.2019 in Revision Petition Nos. 878-879/2019 passed by the National Consumer Disputes Redressal Commission [Hereinafter, referred to as the ‘National Commission’], which had allowed the respondent’s appeal and reduced the amount of payable insurance. The appellant here is the consumer who sought that the respondent-insurer release the entire insurance amount in his favour. The District Consumer Disputes Redressal Commission [Hereinafter, referred to as the ‘District Commission’] had allowed the complaint partly, whereas the State Consumer Disputes Redressal Commission [Hereinafter, referred to as the ‘State Commission’] modified it and allowed the complaint in full. The respondent then approached the National Commission, resulting in the impugned order. The brief facts required for the disposal of these appeals are as follows.
3. The appellant had purchased a Private Car Insurance Policy bearing Policy No. 420503/31/12/6100000851 from the respondent for a vehicle he owned. This policy was applicable for the period 02.07.2012 to 01.07.2013 and it served to compensate the appe
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