Once again a CC Case of this Hon'ble Forum stands and confirmed by Hon'ble NCDRC, New Delhi and reported in the Journal, Consumer Protection Reporter { 2014(4) CPR 759(NC)}

A CC Case bearing No.48 of 2012 between Dinesh Kumar Shah Vrs. National Insurance Co. Ltd., was decided by this Forum on dtd. 15.11.2012 in favour of the complainant. Being aggrieved, the O.P. preferred appeal before Hon'ble SCDRC, Cuttack, where Hon'ble SCDRC allowed the appeal. Then the complainant knocked before Hon'ble NCDRC, New Delhi, where Hon'ble NCDRC hold that, "Admittedly, the accident in which the vehicle got damaged had nothing to do with the ownership of the permit under which it was being plied.  In other words, the Insurance Company was not in any manner prejudicially affected on account of the permit not having got transferred in his name, immediately after the vehicle was purchased by him.  In our view, in the case before us, where there was a valid permit issued by the transport authority in the name of previous owner of the vehicle and this is not a case of the Insurance Company that the vehicle was being used for any purpose other than for which permit was issued in the name of the previous owner, the condition breached by the petitioner/complainant cannot be said to be so fundamental as to warrant altogether rejection of the claim lodged by him.  In a case of this nature, the Insurance Company in our view should settle the claim on non-standard basis, instead of paying the entire claim assessed by the surveyor appointed by it.  We, therefore, allow the revision petition and direct the Insurance Company to pay 75% of the assessed amount of Rs. 2,17,825/- to the petitioner/complainant alongwith interest on that amount at the rate of 6% per annum w.e.f. 45 days after the order of the District Forum till the date of payment.  However, in the facts and circumstances of the case, we find no justification to award any compensation or cost of litigation to the complainant/petitioner.  The revision petition stands disposed of accordingly."

The said landmark judgment got published in the "Consumer Protection Reporter { 2014(4) CPR 759(NC)}". It is definitely a good news for all of us.....