IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION AT NEW DELHI REVISION PETITION NO. 657 OF 2018 (Against the O rder dated 09.10.2017 in First Appeal No. 1017/2017 of the State C om m ission, H aryana at Panchkula)

M /s. N ational Insurance C o. Ltd.

T hrough its D ivisional M anager H aving its registered office at:

3, M iddle T ow n S treet, P ost B ox N o. 9229, K olkata-700 071 A lso at:

2E /9, Jhandew alan E xtension, N ew D elhi-110055 &

R ohtak D ivision II, N ariana S hopping C om plex, C ivil R oad, R ohtak, H aryana-124001 P etitionerBA Versus

1. S m t. R ekha W idow of Late M r. S andeep son of M r. S arup S ingh A lias S aw rup S ingh

2. M aster Lakshya M inor son of Late M r. S andeep, T hrough its m other S m t. R ekha

3. B aby N isha M inor daughter of Late M r. S andeep, T hrough its m other S m t. R ekha.

4. M r. S w arup S ingh alias S w arup S ingh S on of M r. S ultan S ingh

5. M r. K aptan S ingh S on o f M r. S ultan S ingh A ll residents of:

H ouse N o. 821/901V & PO , D ubaldhan, T ehsil B eri, D istrict Jhajjar, H aryana R espondents BEFORE:

HON'BLE AVM JONNALAGADDA RAJENDRA, AVSM VSM (Retd)

PRESIDING MEMBER HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA, MEMBER For the P etitionerBA M r. V arun S ingh, M s. U rvashi C hauhan, M s. P arijat, A dvocates For the R espondents: N EM O Dated : 16.12.2025

ORDER (ORAL)

1.

T his R evision P etition has been filed under S ection 21(B )

of the C onsum er P rotection A ct, 1986 (the "A ct") against the order dated 09.10.2017, passed by the S tate C onsum er D isputes R edressal C om m ission, H aryana (the 'S tate C om m ission) in F irst A ppeal N o.1017 of 2017 w herein the A ppeal by the A ppellant/O P w as dism issed, affirm ing the O rder dated 12.06.2017, passed by the D istrict C onsum er D isputes R edressal, R ohtak ( "D istrict F orum ") in C onsum er C om plaint N o. 415 of 2015, w herein the C om plaint w as allow ed.

2. For convenience, the parties in this m a tter are denoted as referred in the C onsum er C om plaint before D istrict F orum . S m t. R ekha & O rs. is the C om plainants (R espondents herein). M eanw hile, M /s. N ational Insurance C o. Ltd., is identified as O pposite P arty (P etitioner herein) in the present m atter.

3. B rief facts of the case, as per the C om plainants, are th a t they filed this com plaint w ith the averm ents th a t S andeep, husband o f com plainant no. 1, fa th er of com plainants nos. 2 and 3, son of com plainant no. 4, and brother of com plainant no. 5 w as the ow ner o f tru ck no. H R 63-B -1378. H e insured the vehicle w ith O P Insurance C o. fo r the period from 28.09.2014 to 27.09.2015 under policy N o. 4 2 1 6 0 0 /31 /1 4 /63 0 0 0 0 2 2 2 4. S andeep had also paid an additional prem ium o f R s. 100 to cover the risk of o w n er-cu m -drive r fo r a sum of R s. 200,000. O n 27.04.2015, S andeep w as driving his tru ck, w ith the second driver, S hri B hagw an, sitting beside him . A tru ck bearing registration N o. M P -09-H G -3818, w hich w as traveling ahead had stopped suddenly w ith o u t reason aanndd,, as a result, S andeep's tru ck w hich w as behind struck into the back side of the said truck. S andeep and S hri B hagw an sustained m ultiple grievous injuries and died on the spot. The accident w as caused solely due to the carelessness and negligence o f the d rive r of said truck. T he dam aged tru ck w as transported from R atlam to R ohtak and repaired at various w orkshops costing R s.635,420 to the com plainants. T he m a tte r w as reported to police, and FIR N o.105 dated 27.04.2015 w as registered against the driver o f the offending truck. D ue to the to ta l dam age to the truck, the com plainants suffered huge financial losses. S andeep, son o f S arup S ingh and the registered ow ner of the truck, died in the accident. C om plainants n o s.l to 4 are now the ow ners of the tru ck as legal heirs. C om plainant no. 5 (since deceased) w as the nom inee under the policy and had no objection to the