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B. SUDHEENDRA KUMAR, AJITH KUMAR D.
Manager IFFCO Tokio General Insurance Co. Ltd. – Appellant
Versus
Vellilathodi Mujeeb – Respondent
JUDGMENT
B. Sudheendra Kumar, President.—This appeal has been filed by the opposite parties challenging the order of the Consumer Disputes Redressal Commission, Malappuram (for short ‘the District Commission’) in C.C.No.109/2014.
2. The District Commission directed the 1st opposite party to pay Rs.3,26,628/- (Rupees Three Lakh Twenty Six Thousand Six Hundred and Twenty Eight only) to the complainant being the repair charge already paid by the complainant to the 2nd opposite party and to pay Rs.7,000/- (Rupees Seven Thousand only) as compensation and Rs.5,000/- (Rupees Five Thousand only) as costs.
3. The complainant is the owner of the vehicle bearing registration No.KL 65 A 3999, which met with an accident on 02.06.2013 at Kottakkal. The accident occurred when the above said vehicle collided with another vehicle bearing registration No.KL 52B 7008. Both the vehicles sustained damage in the above accident. The complainant entrusted the car for the repair works with the 2nd opposite party and accordingly, the car was repaired. The complainant had to pay Rs.3,26,628/- (Rupees Three Lakhs Twenty Six Thousand Six Hundred and Twenty Eight only) as repairing charges. The complainant subm
Insufficient evidence of intoxication leads to dismissal of insurance claim repudiation.
Damage to vehicle in accident – Onus to prove that driver was in drunken condition always remain upon insurance company and insurance company without proving its onus, cannot be permitted to deny cla....
(1) Harmonizing Policy Clauses with Section 185 of the MV Act – Commission clarified that insurance companies cannot repudiate a claim simply because any amount of alcohol is detected. For a claim to....
The burden of proof lies with the insurer to justify claim repudiation, and lack of supporting evidence leads to a judgment in favor of the claimant.
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