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DINESH SINGH, KARUNA NAND BAJPAYEE
New India Assurance Co. Ltd. – Appellant
Versus
Jagsir Singh – Respondent
ORDER
This revision petition has been filed under section 21(b) of the Act 1986 in challenge to the Order dated 30.10.2012 of the State Commission in appeal no. 1131 of 2007 arising out of the Order dated 27.04.2007 of the District Commission in complaint no. 483 of 2006.
2. We have heard the learned counsel for the insurance co. (the petitioner herein), for the complainants (the respondents no. 1 and no. 2 herein) and for the bank (the respondents no. 3 and no. 4 herein). We have also perused the record including inter alia the Order dated 27.04.2007 of the District Commission, the impugned Order dated 30.10.2012 of the State Commission and the petition.
3. The matter relates to an insurance claim on the insured vehicle (a truck) getting burnt. The insurance co. informed the District Commission during the course of adjudication that it had already sanctioned and settled the claim at Rs. 9.96 lakh. The District Commission took note of the same. However, vide its Order dated 27.04.2007 it partly allowed the complaint and ordered the insurance co. to pay the “claimed amount” to the complainants. The complainants appealed before the State Commission. The State Commission vide its impu
“Execution proceedings” - Execution proceedings under section 25(3) or section 27(1) of the Act 1986 are distinctively different from adjudication of a ‘consumer dispute’, they are separate independe....
Revisional jurisdiction - where two interpretations of evidence are possible, concurrent findings based on evidence have to be accepted and such findings cannot be substituted in revisional jurisdict....
Insurance companies must fulfill claims promptly upon verification of genuineness to prevent unnecessary delays and hardships.
1) Agree with State Commission that surveyor in its report prepared with assistance of chartered accountant made an analytic assessment of the loss & Distt. Commission should not have overruled it by....
(1) No casting responsibility on the Bank to pay the insurance premium.(2) Evident and apparent that the Petitioner firm was not under insurance cover on 09.7.2004, not entitled to get insurance amou....
(1) Concurrent findings – In the present case there are concurrent findings of facts and thus revisional jurisdiction of this Commission is limited.(2) Revisional jurisdiction – In exercising of revi....
(1) Limited Scope of Revisional Jurisdiction – The NCDRC, under Section 21(b) of the 1986 Act (pari materia to Section 58(1)(b) of the 2019 Act), cannot act as a second court of appeal. It cannot int....
Revision under Section 21(b) of Act, 1986 confers very limited jurisdiction on National Commission.
(1) No cause is forthcoming to disregard or dismiss the self-contained self-speaking survey Report.(2) Insurance Co. settled the claim in consonance with its Surveyor’s Report.
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