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HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA
N.K. Bansal, J
Krishan Kumar – Appellant
Versus
New India Assurance Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. summary of the complaint and insurance cover details. (Para 1 , 2 , 4 , 8) |
| 2. arguments of both parties regarding the sufficiency of indemnification. (Para 10 , 11) |
| 3. court's findings on the insurance company's obligation to indemnify. (Para 12 , 13 , 14 , 15 , 16) |
| 4. final ruling of appeal dismissal. (Para 19 , 20 , 21) |
1. Instant appeal is arising out of the order dated 20.5.2019 passed by Learned District Consumer Commission, Mandi, in Consumer Complaint No.169/2017, titled Krishan Kumar v. New India Assurance Co. Ltd. & Anr.
2. Brief facts of Case:
Briefly, the case of the complainant is that complainant is the registered owner of vehicle No.HP - 31C - 1857 (Hyundai i10 car). The vehicle in question was insured with the opposite party No.1 / Insurance company and the risk was covered from 5.6.2015 to 4.6.2016. IDV (Insured Declared Value) of the car was Rs. 5,50,000. On 28th April, 2016, the complainant was driving the car and going from Sunder Nagar to Nangal (Punjab). Complainant noticed leakage of engine oil from the chamber of the vehicle. Damage was caused to the chamber of the vehicle. Information regarding the incident was given to the opposite party No.2 /
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