Dr. S.M. Kantikar, Member—This common order will decide the two Revision Petitions filed against the order passed by the State Consumer Disputes Redressal Commission, Chandigarh, Punjab (in short, ‘State Commission’) in First Appeal No. 828 of 2007 (New India Assurance Co. Ltd. v. Satpal & Co) and First Appeal No. 1049 of 2007 (M/S Satpal & Co. v. New India Assurance Co. Ltd.), whereby the Hon’ble State Commission dismissed the FA No. 828/2007 and allowed the FA No. 1049/2007. Those two appeals were filed in the State Commission against the orders of the District Consumer Disputes Redressal Forum, Gurudaspur (in short, ‘District Forum’).

2. Brief facts:

The facts are similar in both revision petitions. M/s Satpal & Company, the complainant got insured its L & T machine from the OP vide policy No. 361601/31/05/00334,w.e.f. 30.06.2005 to 29.06.2006.

On 23.10.2005, the machine was working on hill and cleaning the surface on the hill top. It caused landslide due to which, the machine overturned and was totally damaged. The OP was duly intimated regarding the accident and loss to the machine. The OP appointed a surveyor. The complainant submitted all the claim papers to the surv