REKHA GUPTA
Kailash Chandra Kalkhundia – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent
Rekha Gupta, Presiding Member—The present revision petition has been filed against the judgment dated 03.01.2008 of the Uttarakhand State Consumer Disputes Redressal Commission, Dehradun (‘the State Commission’) in First Appeal No.53 of 2007.
2. The facts of the case as per the petitioner/ complainant are that the petitioner purchased a Mini truck Tata 1109 in the year 2002 bearing registration no.UA03/ 0921. The said vehicle was insured with respondent no. 1 vide policy cover note no. 31/ 2003/ 448 and was effective from 08.05.2002 to 07.05.2003. The said vehicle met with an accident on 03.11.2002 between Bagarihat and Khulbiyari near Joljibi, Thana Askot, District Pitthoragarh and the vehicle got badly damaged. The cause of the accident as stated by the petitioner was failure of the vehicle’s brakes. The petitioner informed the insurer immediately and lodged a claim for the loss. A spot survey was conducted by the surveyor on 06.11.2002 and the photographs of the accidented vehicle were also taken on 22.11.2002. As stated by the petitioner, on the basis of the surveyor’s report the insurer had offered the petitioner a sum of Rs.1,67,000/- against the claim which the petitione
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