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A. K. TIWARI, SRIKANT PANDEY
Bhagchand Oswal – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent
ORDER
A.K. Tiwari, Acting President—This appeal by the complainant/appellant is directed against the order dated 02.11.2010 passed by the District Consumer Disputes Redressal Commission, Sagar (for short ‘District Commission’) in C.C.No.110/2010 whereby the complaint filed by him has been allowed.
2. Facts of the case in brief are that the complainant’s vehicle Trax Challenger bearing registration number MP-15 A-3362 was insured with the opposite party no.1 and 2-insurance company for the period w.e.f. 23.02.2007 to 22.02.2008. On 08.02.2008 the subject vehicle met with an accident due to failure of steering and got damaged of which FIR was lodged with the Police Station-Rahatgarh and the insurance company was also informed. The claim along with requisite documents was filed with the insurance company. The claim being filed by the complainant with the insurance company was repudiated vide letter dated 09.08.2008 as No Claim. The complainant therefore approached the District Commission by filing C.C.No.27/2009. The District Commission vide order dated 24.06.2009 directed the insurance company to decide the claim of the complainant within 30 days. Later on the insurance company allow
Damage to insured vehicle in accident – Insurance company may not pay full cost of repair – They deduct specific amount based on depreciation, policy exclusions etc.
Accident of insured vehicle – In case of total loss insurance claim is to be settled on total loss basis and not on IDV.
The court established that the compensation awarded should reflect the total loss as assessed by the surveyor, leading to a modification of the original order.
1. Delay in filing FIR and insurance claim to be condoned if reasonable explanation given, especially in case of theft of vehicle.2. Mere delay cannot be a reason for not providing claim as per Apex....
Theft – The Insurance Company cannot repudiate the claim in toto in case of loss of vehicle due to theft.
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