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KUMKUM RANI, B. S. MANRAL
Tanzeem Ali – Appellant
Versus
Manager SBI, General Insurance Company Ltd. – Respondent
ORDER
Kumkum Rani, President.—This complaint case under Section 17 of The Consumer Protection Act, 1986 was filed on behalf of the complainant - Sh. Tanzeem Ali alleging that the complainant is the registered owner of the Truck No. UK08-CA- 3469 (Twelve Tyres), which was insured with the opposite party Nos. 1, 2 & 4 company having validity from 09.07.2013 to 08.07.2014 vide policy No. 00001104082 for the sum insured of Rs. 19 Lacs (Rupees Nineteen Lacs only). The said vehicle met with an accident at Barpetta Goverdhan Road, Baksa, Assam on dated 30.08.2013, consequent upon the driver of the said vehicle was found dead and insured vehicle was badly damaged. The opposite party No. 3 (Surveyor) of SBI General Insurance Co. Ltd. had inspected the damaged vehicle on the spot and subsequently after it was towed and parked in Bahadrabaad Eicher Company. The surveyor of the company Sh. Narendra Nath Kalita considering the accident of the vehicle insured had given an estimate of repair of Rs. 18,79,723/-. The opposite party Nos. 1, 2 & 4 could neither paid the insured amount, nor gave any satisfactory answer regarding the repair work of the insured vehicle, therefore, the complainant could
Repair Work – the insurance company should give the assessed amount immediately after the receipt of survey report in the office, so that the complainant could send his subject vehicle to the garage ....
Surveyor – The surveyor should have given the reason why he has disallowed the cost of such parts.
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....
Damage to vehicle in accident – Surveyor is duty bound to properly calculate loss occurred to insured vehicle.
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....
Insurance companies must provide substantial proof when denying claims; unjust repudiation leads to enforceable obligations to pay agreed amounts.
(1) Deductions not permissible to be deducted to determine total loss per terms of insurance policy.(2) Surveyor assessed the liability of the under the lowest liability, whereas it is a case of tota....
Damaged Vehicle - Question of awarding the total IDV amount cannot be and should not be allowed as the value of the damaged vehicle.
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