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2025 Supreme(Online)(SCDRC) 6355

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Inder Singh Mehta, President, Partap Singh Thakur, Member, Yogita Dutta, Member
New India Assurance Company Limited – Appellant
Versus
Tilak Raj – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Raman Sethi
For the Respondents: Mr.Vijay Mokta, Mr.Vijay Chaudhary

Table of Content
1. challenge to insurance claim denial based on accident details. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. arguments on compliance with insurance terms and presence of an instructor. (Para 8 , 10 , 11)
3. court's assessment of evidence related to insurance reliance. (Para 12 , 15 , 20)
4. legal determination on insurer's burden to establish faults. (Para 13 , 14 , 19)
5. final ruling to dismiss the appeal. (Para 27)

ORDER

Instant appeal is directed against the order dated 27.04.2023 passed in consumer complaint No. 40/2022 by the learned District Consumer Disputes Redressal Commission, Chamba, District Chamba, H.P. (hereinafter to be referred to as the ‘learned District Commission’).

Brief facts of Case

2. The facts, in brief, of the case of the complainant/respondent (hereinafter to be referred to as the ‘complainant’) are that, complainant is a registered owner of the vehicle No. HP-46-2758 (Alto car) (hereinafter to be referred to as the ‘ill fated car’) which was insured with the appellant/Insurance Company (hereinafter to be referred to as the ‘appellant’) for the period w.e.f.17.07.2020 to 16.07.2023.

3. It is the case of the complainant that on 03.10.2020 at about 1:30 p.m., h

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