V.K. Jain, Presiding Member—The complainant/respondent owned a vehicle Tata 408 Trailer bearing registration no. PB-04-K 9045, which he got insured with the petitioner company for the period from 12.08.2010 to 11.08.2011. The vehicle met with an accident on 26.01.2011, during subsistence of the aforesaid policy and was allegedly got repaired by the complainant from Dada Motors Pvt. Ltd. at the cost of Rs.4,34,469/-.

2. On intimation being given to the insurer, a surveyor was appointed to assess the loss and said surveyor assessed the loss to the complainant @ Rs.3,05,000/-. However, the claim came to be repudiated by the insurer by way of repudiation letter dated 01.11.2011, which to the extent relevant, reads as under:-

“On receipt of the claim, the surveyor Shri R.P. Bhasin & Co., was deputed for the assessment of loss. On the basis of report and documents submitted by you in support of your claim, the matter has been investigated and it has come to the knowledge of the company that vide general power of attorney dated 27.12.2010, you have sold out the said vehicle to Mr. Rakesh Kumar S/o Shri Daat Raj R/o Mandi Guruharasahai. It has been made clear in the said genera