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HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA
Mr. Inder Singh Mehta, President
Smt. Nirmla Devi & Others – Appellant
Versus
New India Assurance Company Ltd. – Respondent
| Table of Content |
|---|
| 1. overview of the case background and initial findings. (Para 1 , 2 , 3) |
| 2. arguments presented by both parties regarding intoxication. (Para 9 , 10) |
| 3. discussion on evidentiary requirements for proving intoxication. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. court’s ruling on the appeal and order set aside. (Para 20) |
| 5. final decision on the complaint and costs awarded. (Para 21 , 22) |
1. Mr. Justice Inder Singh Mehta, President - Instant appeal is arising out of the order dated 21.8.2021 passed by learned District Consumer Forum, Mandi in Consumer Complaint No. 3/2021 titled Smt. Nirmla Devi & Others v. New India Assurance Company Ltd.
2. Brief facts of Case :
Briefly, the case of the complainant is that late Shri Som Dev (predecessor - in - interest of the complainants) was the owner of a Tata Nano car bearing registration No. HP - 76-4064. The said vehicle was insured with the opposite party / Insurance company. Compulsory personal accident cover for owner - cum - driver of the vehicle to the tune of Rs.15,00,000 was also given by the opposite party. On 30th October, 2019 Shri Som Dev died in a car accident while returning home. Accident occurred due to rash and
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