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M.V.VISWANATHAN, VALSALA SARANGADHARAN
Branch Manager, M/s. National Insurance Co. Ltd. – Appellant
Versus
K. M. Aboobacker – Respondent


Advocates:
Counsel for the Parties:
For the Appellant in Appeal No. 431/09 :Prasanna Kumar Nair, Advocate.
For the Appellant in Appeal No. 585/09:G.S. Kalkura, Advocate.

JUDGMENT (COMMON)

M.V. Viswanathan, Judicial Member—The above appeals are preferred from the order dated 14th August 2008 passed by CDRF, Alappuzha in CC.No.281/06. The complaint in the said CC.No.281/06 was filed by the appellant in FA.585/09 alleging deficiency in service on the part of the opposite parties (appellants in FA 431/09) in settling the insurance claim put forward by the complainant K.M. Aboobacker with respect to the insured vehicle bearing No.KL-04 P. 2798. The opposite parties entered appearance before the forum below and filed written version denying the alleged deficiency in service on their part. They contended that there was no repudiation of the insurance claim but the delay in settling the insurance claim occurred only due to the failure on the part of the complainant/insured to submit the final report filed by the concerned police. They also disputed the value of the vehicle at Rs.8.5 lakhs and contended that the complainant/insured is only entitled to get the market value of the lost vehicle or the insured value of the vehicle whichever, is less Thus, the opposite parties prayed for dismissal of the complaint in CC 281/06.

2. Before the forum below the compl























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