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SUDIP AHLUWALIA
Mitesh Lavji Thacker – Appellant
Versus
IFFCO-Tokio General Insurance Co. Ltd. – Respondent
ORDER
Sudip Ahluwalia, Member—This Revision Petition has been filed by the Petitioner/ Complainant against Respondent/Opposite Party challenging the impugned Order dated 16.10.2019 passed by the State Consumer Disputes Redressal Commission, Gujarat State, Ahemedabad, in Appeal/Complaint No. 2009/2013 arising out of Complaint Application No. 193 of 2012. Vide the said Order, the State Commission allowed the Appeal while setting aside the Order dated 08.08.2013 passed by the District Forum, Bhuj- Kuchchh in Complaint Application No. 193 of 2012.
2. The brief facts of the case are that the Complainant had insured his car being a Xylo Model with the Opposite Party under Policy/ cover note no. 76706839 for a period from 26.05.2011 to 25.05.2012. The said car was being used as a Taxi which was badly damaged in an accident on 19.06.2011 at Koriyani – Naliya Road resulting in its total loss. The total value of the car was valued at Rs.6,52,525/- for the purposes of insurance. It was submitted by the Complainant that the Opposite Party conducted survey on 05.08.2011 and further demanded various documents, of which the available documents were sent by the Complainant. It was further averred
(1) Charge Sheet – Commission is of the view that the hyper technical view taken by the Ld. State Commission in not accepting the photocopies of the certified copies of the Charge Sheet.(2) Incorrect....
The burden of proof lies with the insurer to justify claim repudiation, and lack of supporting evidence leads to a judgment in favor of the claimant.
An insurance company is exonerated from liability when policy conditions, specifically regarding the insured's authorized use of a vehicle, are violated.
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