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A. P. SAHI, SADHNA SHANKER
Sulakshna Devi – Appellant
Versus
Liberty Videocon General Insurance Company Limited – Respondent
ORDER
Dr. Sadhna Shanker, Member—The present two cross Appeals have been filed under Section 19 read with Section 21(a)(ii) of the Consumer Protection Act, 1986 (hereinafter referred to as “the Act”) assailing the Order dated 09.03.2016 passed by the State Consumer Disputes Redressal Commission, U.T., Chandigarh (hereinafter to be referred to as “State Commission”), whereby the Complaint filed by the Respondent/Complainant was allowed.
2. Brief facts of the case as narrated by the Complainant in the Complaint are that he took an insurance Policy No. 2011-200502-14-1002862-01-000 for his car bearing registration No. CH-04J-5076 from the Opposite Party—Liberty Videocon General Insurance Company Limited which was effective for the period 28.02.2015 till 27.02.2016. The insured declared value (IDV) of the car was Rs. 22,68,000/-.
3. As per the complaint, on 23.08.2015 at about 3.00 am, when Mr. Ashwani Kumar was driving the vehicle on their way back to home, heavy rain and low visibility caused the Complainant’s car to become lodged in a waterlogged ditch in the middle of the road. The information about the said incident was promptly given to the Insurance Company. Subsequently, the dr
Damage to vehicle in accident – Surveyor is duty bound to properly calculate loss occurred to insured vehicle.
Damaged Vehicle - Question of awarding the total IDV amount cannot be and should not be allowed as the value of the damaged vehicle.
(1) Registered Owner - The complainant has rightly been held entitled to the claim, being the registered owner of the vehicle as the Registration Certificate and Insurance Policy were still in his na....
Court upheld the significance of a surveyor's report in assessing insurance claims, emphasizing adherence to policy conditions regarding total loss determinations.
Court upheld the validity of the surveyor's report in determining insurance claims, emphasizing evidence over insurer claims of misrepresentation.
The insurer must prove that the insured's breach of policy conditions is willful to avoid liability, even if the driver holds a fake license.
Surveyor Report - the report of the surveyor is an important piece of document and it cannot be disbelieved unless there is any cogent and convincing reason to do so and the assessment made by the su....
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