DULI CHAND vs NEW INDIA ASSURANCE CO. LTD

THIS Revision Petition has been filed by the petitioner against impugned order dated17/01/2013, passed by the State Commission Rajasthan in Appeal No. 2312/2010, The New India Assurance Co. Ltd. vs. Duli Chand, by which while allowing the appeal, order of the District Forum allowing complaint was set aside.

BRIEF facts of the case are that complainant/petitioner had taken a Carrier ''s Legal Liability Policy for his tanker no. RJ13G6715 and he attached his tanker with M/s. S. D. Ganesh Gadia Filling Station, who was the contract carrier of Indian Oil Corporation. On 27.12.2008, complainant ''s tanker was carrying 20,000 lt. of diesel, met with an accident and diesel barring 242 lt. was destroyed. Complainant lodged claim with the Opposite Party, which was repudiated on the ground that at the time of accident, complainant was not acting as a carrier. Alleging deficiency on the part of the Opposite Party, complainant filed complaint before the District Forum. Opposite Party resisted complaint and submitted that as complainant was not acting as a carrier at the time of accident, Opposite Party rightly repudiated the claim and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed the complaint and directed the Opposite Party to pay Rs. 6,55,098/ - alongwith 8% p.a. interest and further awarded Rs. 5,000/ - for mental agony and Rs. 1,000/ - as litigation expenses. Appeal filed by the Opposite Party was allowed by the State Commission vide impugned order against which this Revision Petition has been filed alongwith application for condonation of delay. Heard learned counsel for the petitioner at admission stage and perused record.

PETITIONER has filed application for condonation of delay for 18 days. As there is delay of only 18 days, we allow application for condonation of delay and delay stands condoned.

LEARNED counsel for the petitioner submitted that as petitioner was insured with the respondent and was carrying diesel and met with an accident, petitioner was entitled to get indemnified and the District Forum rightly allowed the claim but the State Commission has committed error in allowing the appeal, hence Revision Petition be admitted. Learned counsel for the petitioner admitted that petitioner had no contract with the Indian Oil Corporation but petitioner ''s tanker was attached with M/s. S. D. Ganesh Gadia Filling Station, who had contract of carrying oil of Indian Oil Corporation. Thus it becomes clear that the petitioner had no carriage contract with Indian Oil Corporation and in such circumstances, petitioner was not entitled to get any compensation for loss of diesel due to accident. The State Commission rightly placed reliance on I (2012) CPJ 267 (NC) National Insurance Company Ltd. vs. Mehboob Khan while allowing appeal.

WE do not find any irregularity, illegality or jurisdictional error in the impugned order and Revision Petition is liable to be dismissed at admission stage.

CONSEQUENTLY , Revision Petition filed by the petitioner is dismissed at admission stage, with no order as to costs.