Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | CONSUMER PROTECTION ACT 1986: A B s.12 read with s. 21(b) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Consumer Protection Act, 1986 (68 of 1986) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | CONSUMER PROTECTION ACT, 1986:s.12 read with s. 21(b) - Complaint by insured against insurer for reimbursement of damages, caused to the insured vehicle in an accident - District Forum .allowed the claim to a sum of Rs. 4 lakh - State Commission reduced the claim to Rs. 2,72,517/- National Commission;. in revision, setting aside the finding of the two fora and holding that the driver 0 had no valid licence on the relevant date - Held: From the evidence on record it has been clearly established that at the relevant time the driver had a valid driving licence - Since no revision was filed by the insured, against the amount allowed by the State Commission, compensation cannot be enhanced beyond that - Though the Act does not contain any provision for granting interest, in order to do complete justice, invoking provisions of s.34 CPC, the insurer will pay interest @ 9% on the amount awarded by State Commission from the date of the claim petition till the payment is made - Code of Civil Procedure, 1908 - s. 34 - Interest - Constitution of India, 1950 - Article 142 - Motor Vehicles Procedure Manual (promulgated by Government of West Bengal).s. 21(b) ~ Revisional power of National Commission - In the claim petition filed by insured against insurer both, the District Forum and the State Commission, after considering the evidence on record, recorded a finding that on the date of the accident, the driver of the bus was holding a valid licence to drive the bus - National Commission set aside the said finding and held that the driver had no valid licence on the relevant date - Held: Revisional power u/s 21(b) can be exercised only if there is some prima facie jurisdictional error appearing in the impugned order, and only then, may the same be set aside - In the instant case, there was no jurisdictional error or miscarriage of justice, which could have warranted the National Commission to have taken a different view than what was taken by the two Forums - The order of National Commission set aside. |
Judge | Hon'ble Mr. Justice Deepak Verma |
Neutral Citation | 2011 INSC 224 |
Petitioner | Mrs. Rubi (chandra) Dutta |
Respondent | M/s. United India Insurance Co. Ltd. |
SCR | [2011] 3 S.C.R. 977 |
Judgement Date | 2011-03-18 |
Case Number | 2588 |
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