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K.S.CHAUDHARI
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
DHIRAJ SHARMA – Respondent


Advocates Appeared:
Atishay K. Prasad Proxy for Sushil Kr. Gupta, Advocate, for the Appellant; Rahul Sharma, Advocate and Respondent in person, for the Respondent

ORDER

K.S. Chaudhari, (P.M) - This revision petition has been filed by the petitioner against the order dated 24.05.2012 passed by the H.P. State Consumer Disputes Redressal Commission, Shimla (in short, 'the State Commission') in Appeal No. 201/2010 & 233/2010 by which, while dismissing both appeals, order of District forum allowing complaint was upheld.

2. Brief facts of the case are that complainant/respondent got his Mahindra Max Cab HP 01 A 3068 insured from OP/petitioner for a sum of Rs. 2,90,000/- for a period of one year from 7.4.2004 to 6.4.2005. On 22.6.2004, complainant while driving vehicle met with an accident and vehicle was damaged. Surveyor was appointed by OP, who recommended Rs. 2,39,000/- after deducting salvage value. OP repudiated claim on the ground that complainant, who was driving vehicle was under influence of liquor at the time of accident. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and reiterated that as complainant was driving vehicle under influence of liquor, claim was rightly repudiated and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allow

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