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Judgment
IT is the Insurance Company who is the petitioner before us. IT was the opposite party before the District Forum.
THE case relates to insurance claim of a tanker owned by the complainant-respondent in which kerosene oil was being carried. THEre was insurance cover from 19.7.1993 to 18.7.1994. THE tanker met with an accident on 5.7.1994. It spilled the cargo which was kerosene oil. A claim was lodged with the petitioner-Insurance Company which repudiated the same on the ground that the policy did not cover the kerosene oil in the tanker. District Forum, however by order dated 5.12.1996 allowed the complaint and directed that a sum of Rs. 37,834/- with interest @ 12% per annum from 11.9.1995 and Rs. 2,000/- for expenses be paid to the complainant. It was the case of the Insurance Company and though it received a cheque for renewal of the policy from the complainant on 16.7.1993 amounting to Rs. 7,298/- complainant had requested that he is sending the higher amount with a request that cargo of the value of Rs. 2.00 lakhs be included in the Policy. The Insurance Company adjusted the amount of Rs. 4,887/- for insurance of the tanker and kept the balance amount of Rs. 2,411/- with it. Cargo was not insured as the amount of 2,411/- was not sufficient premium for insurance of the cargo. At the same time complainant was not informed of this position. He, therefore, remained under the bona fide belief that there is a concluded contract and the cargo upto the value of Rs. 2.00 lakhs had also been included in the insurance policy. District Forum allowed the complaint as aforesaid. Appeal was taken to the State Commission by the Insurance Company which upheld the order of the District Forum and dismissed the complaint. It is a clear case of deficiency in service on part of the Insurance Company.
We do not find it is a fit case for us to exercise our jurisdiction under Clause (b) of Section 21 of the Consumer Protection Act, 1986. This revision petition is dismissed. Revision Petition dismissed.