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C. VISWANATH, SUBHASH CHANDRA
New India Assurance Co. Ltd. – Appellant
Versus
Balbir Banshtu – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Abhishek Gola, Advocate with Mr. Anshul Kumar, Advocate
For the Respondent:Mr. Shohit Chaudhary, Advocate

ORDER

Subhash Chandra, Member—This revision petition has been filed under section 21 of the Consumer Protection Act, 1986 (in short, ‘the Act’) against the judgment dated 18.07.2012 of the Himachal Pradesh State Consumer Disputes Redressal Commission, Shimla (in short, ‘the State Commission’) in First Appeal No. 367 of 2010.

2. The brief facts of the case as stated by the petitioner are that the respondent/ complainant took insurance cover from the petitioner/opposite party, New India Assurance Company Lt d., in respect of his truck bearing registration no. HP 10B 2505 for a sum of Rs.4,20,000/- on 19.04.2006 for a period of one year from 19.04.2006 to 18.04.2007. Premium was duly paid to the insurance company. On 24.07.2006, the said truck met with an accident at village Smmerkot, Tehsil Rohroo when the vehicle was on its way from Dalgnon to Delhi via Sungari. The accident was reported to the Police Station, Rohroo. Due to the said accident, the vehicle suffered extensive damage. Insurance company was also intimated about the accident. The insurance company appointed a spot surveyor who visited and inspected the spot of accident. Respondent was called upon to file a claim form. He

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