JUDGMENT :

ABHAY S. OKA, J.

FACTUAL ASPECTS

1. These appeals arise from a claim made by the first respondent, Mr Mukul Aggarwal (the owner), on account of damage caused to his BMW 3 Series 320D car (the car). The damage was caused due to an accident which took place near DLF Square at Gurgaon on 29th July 2012 between 12.30 am and 2 am. The impact of the accident was so much that the car was completely damaged and was beyond repair. The owner of the car was a Director of Dassault Systems India Pvt. Ltd., Gurgaon (Dassault). As the owner was desirous of acquiring a BMW car for his personal use, he applied to Dassault for a grant of loan. Accordingly, a loan of Rs. 26,92,229/was granted by a car financing company in the name of Dassault. On 17th May 2012, the owner purchased the car in the name of Dassault from M/s Bird Automotive Pvt. Ltd. (the Dealer), an authorised dealer of BMW India Pvt. Ltd. (BMW). While acquiring the car, the owner took two protections: the first was a motor insurance policy of Bajaj General Insurance Company Ltd. (the insurer), and the second one was the BMW Secure Advance Policy (the BMW Secure) of BMW. The owner paid a premium of Rs.59,158/for the first policy