JUDGMENT :

The petitioner purchased a Hyundai Creta Car in September, 2015. The vehicle met with an accident on 29.12.2018. The car along with the passengers fell into a lake. The passengers escaped but the vehicle was considerably damaged. The vehicle was lifted and towed to the nearest service centre and an insurance claim was also laid with the 1st respondent insurer. The vehicle was covered by Exhibit P2 Policy Certificate. Since the cost of repair was assessed to be more than 75% of the Insured's Declared Value ('IDV', for short) of the vehicle, going by the terms of the policy, it was to be deemed to be constructive total loss. The sum assured in such cases is the value shown as IDV. According to the petitioner, she and her family had developed an emotional attachment to the vehicle and had hence requested the 1st respondent to return the vehicle to her after deducting the salvage value. The 1st respondent informed the petitioner that the value assessed by the approved surveyor is Rs.2 lakhs without Registration Certificate ('RC', for short) and Rs.5.5 lakhs with the RC. Since the petitioner did not give a positive response, the 1st respondent closed the claim on 15.5.2019. Th