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J. RAJENDRA, ANOOP KUMAR MENDIRATTA
National Insurance Co. Ltd. – Appellant
Versus
Rekha – Respondent
ORDER (ORAL)
This Revision Petition has been filed under Section 21(B) of the Consumer Protection Act, 1986 (the “Act”) against the order dated 09.10.2017, passed by the State Consumer Disputes Redressal Commission, Haryana (the ‘State Commission) in First Appeal No.1017 of 2017 wherein the Appeal by the Appellant/OP was dismissed, affirming the Order dated 12.06.2017, passed by the District Consumer Disputes Redressal, Rohtak (“District Forum”) in Consumer Complaint No. 415 of 2015, wherein the Complaint was allowed.
2. For convenience, the parties in this matter are denoted as referred in the Consumer Complaint before District Forum. Smt. Rekha & Ors. is the Complainants (Respondents herein). Meanwhile, M/s. National Insurance Co. Ltd., is identified as Opposite Party (Petitioner herein) in the present matter.
3. Brief facts of the case, as per the Complainants, are that they filed this complaint with the averments that Sandeep, husband of complainant no. 1, father of complainants nos. 2 and 3, son of complainant no. 4, and brother of complainant no. 5 was the owner of truck no. HR63-B-1378. He insured the vehicle with OP Insurance Co. for the period from 28.09.2014 to 27.09.2015
(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....
The burden of proof lies with the insurer to justify claim repudiation, and lack of supporting evidence leads to a judgment in favor of the claimant.
Burden of Proof – The court cannot lay down any criteria as to how said burden would be discharged, inasmuch as the same would depend upon the facts and circumstance of each case.
Revisional Jurisdiction of NC – Concurrent findings given by Forum & State Commission : No illegality or material irregularity: NC has no jurisdiction to interfere with concurrent findings recorded b....
(1) Review – The power of National Commission to review under Section 21 of the Act is therefore, limited to cases where some prima facie error appears in the impugned order.(2) Error – It is evident....
National Commission in exercise of revisional jurisdiction cannot re-appreciate evidence led by parties like appellate Court.
Revision under Section 21(b) of Act, 1986 confers very limited jurisdiction on National Commission.
(1) Insurance is contract and nothing shall be presumed which is written down in the contract.(2) Jurisdiction conferred on National Commission under Section 21 (b) of Act has been transgressed
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