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2025 Supreme(Online)(SCDRC) 6381

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
SRI. AJITH KUMAR D., J, SRI. RADHAKRISHNAN K.R., MEMBER
The Manager, United India Insurance Company Ltd. – Appellant
Versus
Biju M.N. – Respondent


Advocates:
For the Appellants/Petitioners: Adv. T.J. Lakshmanan
For the Respondents: Adv. Tom Joseph

Table of Content
1. court examines the validity of the insurance claim and policy transfer. (Para 1 , 2 , 3)
2. arguments presented by both sides regarding the timing of policy transfer. (Para 4 , 5 , 6 , 7)
3. court's evaluation of evidence, highlighting the insurer's burden of proof. (Para 8 , 9 , 10 , 11 , 12 , 13)
4. final order directing the insurance company to pay the assessed claim. (Para 14 , 15)

JUDGMENT

SRI. RADHAKRISHNAN K.R.: MEMBER

This is an appeal filed by the opposite party under Sec. 15 of the Consumer Protection Act, 1986 , against the order dated 24.10.2016 in C.C. No. 797/2014 on the files of the District Consumer Disputes Redressal Commission, Ernakulam (for short, “the District Commission”). As per the order, the District Commission allowed the complaint and directed the opposite party to settle the claim made by the complainant by making proper assessment of the damage caused to the vehicle in the accident. The District Commission further directed the opposite party to pay Rs. 10,000/- as compensation and Rs. 5,000/- as costs of the proceedings to the complainant. Aggrieved by the aforesaid order, the opposite party has filed this appeal.

2. The brief details of th

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