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KUMKUM RANI, B. S. MANRAL
Tata AIG General Insurance Company Limited – Appellant
Versus
Ghanshyam Agarwal – Respondent
ORDER
Kumkum Rani, President—This appeal has been directed against the impugned judgment and order dated 30.04.2019 passed by learned District Consumer Disputes Redressal Forum, Dehradun (hereinafter to be referred as “The District Commission”) in consumer complaint No.308 of 2014, styled as Sh. Ghanshyam Agarwal Vs. Tata AIG General Insurance Company Limited and others, wherein and whereby the consumer complaint was allowed, directing the appellant / opposite parties to pay Rs.16,20,909/- to the respondent / complainant towards claim amount; Rs.20,000/- towards parking charges; Rs.25,000/- towards mental agony and Rs.5,000/- towards litigation expenses, within a period of 30 days’, failing which the respondent / complainant was further held entitled to interest @9% p.a. on the aforesaid sum from the date of filing of the consumer complaint till payment.
2. The facts giving rise to the present appeal, in brief, are, as such that the respondent / complainant is the registered owner of vehicle No.UK09-A-1345, which was insured with the appellant – insurance company vide policy No.010075458400 for the period from 23.3.2013 to 22.03.2014 at an IDV of Rs.16,20,909/-. It was alleged in t
Accident of insured vehicle – In case of total loss insurance claim is to be settled on total loss basis and not on IDV.
Report of surveyor has to be accepted.
Damage to vehicle in accident – Surveyor is duty bound to properly calculate loss occurred to insured vehicle.
Surveyor – The surveyor should have given the reason why he has disallowed the cost of such parts.
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.
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....
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) 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....
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