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KUMKUM RANI, B. S. MANRAL
National Insurance Company Ltd. – Appellant
Versus
Faizal – Respondent
ORDER
Kumkum Rani, President—This appeal has been directed against the impugned judgment and order dated 24.12.2021 passed by learned District Consumer Disputes Redressal Commission, Nainital (hereinafter to be referred as “The District Commission”) in consumer complaint No. 88 of 2018, styled as Sh. Faizal Vs. M/s National Insurance Company Limited, wherein and whereby the consumer complaint was allowed and the appellant/opposite party was directed to pay compensation of Rs.2,42,588/- to the respondent/complainant on account of loss/damage occasioned to insured vehicle bearing registration No. DL-1V-A7763, within a period of one month from the date of impugned judgment and order, failing which the appellant/opposite party was also held liable to pay interest @6% p.a. on the aforesaid amount from the date of impugned judgment and order till actual 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 bearing registration No. DL-1V-A7763 (bus), which was comprehensively insured with the appellant/opposite party (insurance company) vide policy No. 461800/31/16/6300003447, which was valid for th
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.
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.
(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....
Admissible Claim – Complainant/Respondent is found entitled to an amount not exceeding 75% of the admissible claim. The actual over-loading in the given case was to an extent of 15.83 MT over and abo....
Insurance claims can be settled on a non-standard basis for non-fundamental breaches, with compensation adjusted according to the degree of overloading.
Surveyor – The surveyor should have given the reason why he has disallowed the cost of such parts.
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