JUDGMENT :

Dhananjaya Y. Chandrachud, J.

1. Leave granted.

2. This appeal arises from a judgment dated 12 July 2019 of the National Consumer Disputes Redressal Commission.,¹[“NCDRC”] While exercising its revisional jurisdiction, the NCDRC, by its judgment, reversed concurrent findings of fact which were recorded by the District Consumer Disputes Redressal Forum,²[“District Forum”] and by the State Consumer Disputes Redressal Commission.,³[“SCDRC”].

3. The appellant purchased a JCB Excavator Model 3DX on 25 April 2007. The excavator was insured with the respondent for the period between 5 March 2009 and 4 March 2010 at an Insured Declared Value,⁴[“IDV”] of Rs. 13.50 lakhs. On 25 May 2009, the excavator was being used on the Shivpuri-Timli Road near Rishikesh in the State of Uttarakhand. A portion of the road gave way, as a result of which the excavator fell into a deep ditch resulting in the death of the operator and helper and the total loss of the excavator. A First Information Report was filed on 26 May 2009. The FIR states that the accident had occurred due to a sudden caving of the road. The surveyor appointed by the insurer conducted a spot survey on 28 May 2009 and reported that