KUMKUM RANI, B. S. MANRAL
Oriental Insurance Company Limited – Appellant
Versus
Anand Singh Dhaila – Respondent
ORDER
Kumkum Rani, President—This appeal has been directed against the impugned judgment and order dated 01.08.2017 passed by learned District Consumer Disputes Redressal Forum, Nainital (hereinafter to be referred as “The District Commission”) in consumer complaint No. 45 of 2015, styled as Sh. Anand Singh Dhaila Vs. Oriental Insurance Company Limited, wherein and whereby the consumer complaint was allowed and the appellant/opposite party was directed to pay compensation of Rs. 2,71,000/- to respondent/complainant together with interest @6% p.a. from the date of filing of the consumer complaint till actual payment as well as Rs. 5,000/- towards litigation expenses.
2. The facts giving rise to the present appeal, in brief, are, as such that the respondent/complainant was the registered owner of vehicle bearing registration No. UA04-B-2628. The permit of the vehicle was valid upto 26.03.2015 and the vehicle was being plied on all the routes of Haldwani Zone. The subject vehicle was purchased by the complainant for sum of Rs. 9,00,000/-, after taking loan from HDFC Bank. On dated 19.05.2013, an accident took place, when the insured vehicle dashed against a tree. At the time of accide
Damage to vehicle in accident – When there is overloading of vehicle beyond licensed carrying capacity, claim has to be settled for not exceeding 75% of admissible claim.
Surveyor – The surveyor should have given the reason why he has disallowed the cost of such parts.
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....
Damage to vehicle in accident – Surveyor is duty bound to properly calculate loss occurred to insured vehicle.
Driving License – As it is proved that the vehicle was in stationary condition, therefore, there was no necessity of driving licence of the insured and in the given facts and circumstances of the cas....
(1) Settlement on Non-Standard Basis (Insurance Law Principle) – As established by the Supreme Court in Nitin Khandelwal, when a vehicle is insured as a private vehicle but meets with an accident whi....
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.
A claim can be settled on a non-standard basis despite breach of insurance policy conditions if not deemed fundamental; overloading does not invalidate all claims.
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