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PREM NARAIN
IFFCO Tokio General Insurance Co. Ltd. – Appellant
Versus
Sai Constructions – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. K V Girish Chowdary, Advocate with Mr. Harshit Manaktala, Advocate
For the Respondents:Mr. Sandeep Bhardweaj, Advocate with Mr. Anant Agarwal, Advocate

ORDER

Prem Narain, Presiding Member—The present appeal has been filed against the judgment dated 30.10.2017 of the Punjab State Consumer Disputes Redressal Commission, Chandigarh (‘the State Commission’) in Complaint no.257 of 2016.

2. The brief facts of the case are that complainant no.1/ respondent through complainant no.2 purchased a truck bearing registration no.PB 06 Q 8333. Insurance for the said vehicle was taken for the period 04.09.2014 to 03.09.2015 for a sum of Rs.22,00,000/-. On 30.09.2014, the said vehicle met with an accident. Claim was intimated on 05.11.2014. Surveyor has reported that the loss appeared to be of an earlier date than the reported date. On 26.02.2016, the claim of the complainant was repudiated on the ground of misrepresentation of fact violating condition 8 of the terms of the insurance policy.

3. The State Commission vide its order dated 30.10.2017 had allowed the complaint and observed as under:

“This complaint is allowed with cost of Rs.20,000/- and the opposite party is directed to pay the IDV of the vehicle to the complainants, being total loss, as per the terms of the insurance cover along with interest at the rate of 9% per annum with effect fro

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