PREM NARAIN, C.VISWANATH
Shiv Nath – Appellant
Versus
United India Insurance Co. Ltd. – Respondent
ORDER
This revision petition has been filed by the petitioners Shiv Nath & anr. against the order dated 02.02.2012 of the State Consumer Disputes Redressal Commission, Rajasthan (in short ‘the State Commission’) passed in Appeal No.878 of 2009.
2. Brief facts of the case are that the tractor of the petitioners/complainants being R.J.14-1R - 2040 was insured with the opposite party Insurance Company for a sum of Rs.1,50,000. The insurance was valid from 27.03.2005 – 26.03.2006. During the currency of the insurance policy, the tractor met with an accident due to falling of the stones from the hill. The Insurance Company vide its letter dated 07.10.2005 repudiated the claim on the ground that tractor was not being used for agriculture and forestry purposes, rather, it was being used for carrying stones for commercial purpose. The complainant then filed a consumer complaint before the District Forum being CC No.450/2009 (Earlier No.138/2007). The complaint was resisted by the Insurance Company on the ground that the surveyor has found that the tractor was being used for commercial purpose against the terms and conditions of the policy. On representation given by the complainants, the m
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