PREM NARAIN
Bharat Construction – Appellant
Versus
Divisional Manager, National Insurance Co. Ltd. – Respondent
These two appeals have been filed by M/s. Bharat Construction and Divisional Manager, National Insurance Co. Ltd. against the order dated 15.11.2010 of the State Consumer Disputes Redressal Commission, UT Chandigarh, (in short ‘the State Commission’) passed in Complaint No.08/2010.
2. Brief facts of the case are that on 31.03.2007, complainant M/s. Bharat Construction purchased a package policy of insurance from opposite party National Insurance Company Ltd. in respect of newly purchased construction equipment vehicle (Dumper) from Tata Motors Ltd. Jamshedpur. On 28.05.2007 while working at the work site near Bayal Distt. Kullu, the insured vehicle met with an accident and went downhill deeply which resulted in total loss of the vehicle. On 30.05.2007, proper claim was lodged with opposite party. FIR was lodged with police. Opposite party arranged spot survey. After the machine was retrieved, the Insurance Company appointed the final surveyor and loss assessor to assess the loss. The surveyor assessed the net loss of Rs.24,98,000/-. However, no payment was made by the Insurance Company. However, the Insurance Company repudiated the claim on 22.02.2010 on the ground that inspite
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