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KUMKUM RANI, B. S. MANRAL
United India Insurance Company Ltd. – Appellant
Versus
Lalit Prasad Arya – Respondent
ORDER
Kumkum Rani, President—This appeal under Section 41 of the Consumer Protection Act, 2019 has been directed against the impugned judgment and order dated 19.03.2024 passed by learned District Consumer Disputes Redressal Commission, Bageshwar (hereinafter to be referred as “The District Commission”) in consumer complaint No. 04 of 2019, styled as Sh. Lalit Prasad Arya Vs. Micro Branch Manager, United India Insurance Company Limited and another, wherein and whereby the consumer complaint was allowed and the appellant - insurance company to pay compensation of Rs.2,08,000/- to respondent No. 1 / complainant together with interest @8% p.a. from 11.10.2018, i.e., the date of repudiation of the claim till payment, besides to pay Rs.20,000/- towards mental agony and Rs.10,000/- towards litigation expenses. It was further held that since the surveyor of the insurance company has assessed the loss on Net of Salvage Basis with R.C., hence the insurance company shall have no right over the salvage of the insured vehicle. The proceedings of the consumer complaint were dropped against respondent No. 2 / opposite party No. 2.
2. The facts giving rise to the present appeal, in brief, are, as
(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....
Driving License – As it is proved that the vehicle was in stationary condition, therefore, there was no necessity of driving licence of the insured and in the given facts and circumstances of the cas....
Surveyor – The surveyor should have given the reason why he has disallowed the cost of such parts.
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.
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.
Accident of insured vehicle – In case of total loss insurance claim is to be settled on total loss basis and not on IDV.
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