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B. SUDHEENDRA KUMAR, AJITH KUMAR D.
ICICI Lombard General Insurance Co. Ltd. – Appellant
Versus
Devassia – Respondent
JUDGMENT
B. Sudheendra Kumar, President.—The appellant is the opposite party in C.C.No.224/2016 on the files of the District Consumer Disputes Redressal Commission, Idukki (for short ‘the District Commission’).
2. The appellant challenges the order passed by the District Commission directing the appellant to pay an amount of Rs.59,477/- (Rupees Fifty Nine Thousand Four Hundred and Seventy Seven only) with 9% interest to the complainant along with compensation of Rs.5,000/- (Rupees Five Thousand only) and costs of Rs.1,000/- (Rupees One Thousand only) with a further direction to pay 12% interest on default.
3. The complainant is the respondent herein. The complainant is the owner of a vehicle bearing registration No.KL 7/BG-3262 which met with an accident on 08.02.2016. In order to repair the said vehicle, the complainant spent an amount of Rs.1,06,492/- (Rupees One Lakh Six Thousand Four Hundred and Ninety Two only). Immediately after the accident, the matter was reported to the opposite party with whom the vehicle was insured during the relevant period. Thereafter, the complainant duly made the claim to the opposite party who paid only an amount of Rs.47,015/- (Rupees Forty Seven
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 central legal point established in the judgment is the interpretation of the provisions of the Consumer Protection Act, 1986, to establish deficiency in service and unfair trade practice, influen....
Damaged Vehicle - Question of awarding the total IDV amount cannot be and should not be allowed as the value of the damaged vehicle.
(1) Third party - The complainant cannot insist that the work should be conducted only by the third opposite party. No fault could be attributed on the part of the first and second opposite parties a....
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