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INDER SINGH MEHTA, PARTAP SINGH THAKUR, YOGITA DUTTA
New India Assurance Co. Ltd. – Appellant
Versus
Pawan Kumar – Respondent
ORDER
Inder Singh Mehta, President.—Instant appeal is arising out of the order dated 25.07.2023 passed by Learned District Consumer Commission, Kangra at Dharamshala, H.P. in Consumer Complaint No. 12/2022 titled Pawan Kumar v. The New India Assurance Company Ltd., whereby complaint filed by the complainant was allowed and opposite party/Insurance company was directed to pay a sum of Rs.4,99,000 to the complainant alongwith interest @9% per annum from the date of complaint i.e. 25.07.2020 till its realization. The opposite party/insurance company was also directed to pay compensation to the complainant to the tune of Rs.40,000 besides litigation costs of Rs.15,000.
Brief facts of Case:
2. Brief facts of the case are that complainant is registered owner of vehicle Truck (Goods and carrier) bearing No. HP-55A-1185 which was insured with the opposite party/insurance company w.e.f. 24.06.2019 to 10.02.2020. On 10.12.2019, the vehicle in question met with an accident at place near Bhali, District Kangra, H.P. At the time of the accident, driver Shankar Lal was driving the vehicle in question, who was having valid driving. Intimation of accident was given to the insurance company who app
Report submitted by Surveyor cannot be discarded without any reasonable cause.
The absence of a route permit did not entitle the insurance company to repudiate the claim in its entirety, and the claim could be settled at 75% of the assessed damage to the vehicle on a non-standa....
Insurable interest must exist at the time of the accident for insurance claims, and mere transfer of ownership does not invalidate entitlement if proper documentation is maintained.
Permit renewals under Section 81 of the Motor Vehicles Act are retroactively effective, impacting liability determinations in accident claims.
(1) Registered Owner - The complainant has rightly been held entitled to the claim, being the registered owner of the vehicle as the Registration Certificate and Insurance Policy were still in his na....
(1) Start of the 14-Day Grace Period – Under Section 157(2) of the Motor Vehicles Act, the statutory 14-day window for a new vehicle owner to transfer the existing insurance policy begins on the date....
The absence of a valid permit for a vehicle involved in an accident absolves the Insurance Company from liability for compensation under the Motor Vehicles Act.
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