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M.SHREESHA
New India Assurance Co. Ltd. – Appellant
Versus
Arihant Weigh Bridge – Respondent


Counsel for the Parties:
For the Petitioner:Mr. Jos Chiramel and Ms. Apoorva Srivastava, Advocates
For the Respondent:Mr. M.Y. Deshmukh and Mr. Yatin M. Jagtap, Advocates

ORDER

Mrs. M. Shreesha, Presiding Member—Challenge in this Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (for short “the Act”), is to order dated 3.9.2009 in Appeal No. 1478 of 2003 passed by the State Consumer Disputes Redressal Commission, Rajasthan (for short “the State Commission”). By its impugned order, the State Commission allowed the Appeal preferred by the Complainant and set aside the Order of the District Forum directing the Insurance Company to pay an amount of Rs.1,66,820/- with interest at the rate of 9% per annum from the date of repudiation till the date of realisation, together with costs of Rs.5,000/-.

2. The brief facts as set out in the Complaint are that the Complainant has insured his Weight Bridge, which is the sole economic subsistence for his survival, with the Opposite Party/Insurance Company covering the period 18.3.2002 to 17.3.2003 for an amount of Rs.6,38,500/-for covering fire and theft. While so, on 3.9.2002, there was incessant rain and the sky was thundering with lighting clouds and the 11 K.V. electric lines passing through the Complainant’s premises were struck by lightning meteors from the sky, consequently damaging a
































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