STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND, DEHRADUN Date of Admission : 29.08.2017 Date of Final Hearing : 10.01.2025 Date of Pronouncement : 22.01.2025 First Appeal No. 127 / 2017 United India Insurance Co. Ltd.

Divisional Office, Haldwani Through Regional Office, 899/1, Ratan Complex Hotel Ratan Palace, 1^st Floor, Kaulagarh Road, Dehradun Through its Manager (Through: Sh. Suresh Gautam, Advocate)

…..Appellant VERSUS Sh. Rajendra Singh Bisht S/o Sh. Narendra Singh Bisht R/o H. No. 24, Devpur Kuria, Haldwani, Distt. Nainital (Through: Sh. Amit Agarwal, Advocate)

…..Respondent Nos. 1/1 to 1/4 Coram:

Ms. Kumkum Rani, President Mr. C.M. Singh, Member

ORDER

(Per: Ms. Kumkum Rani, President):

This appeal under Section 15 of the Consumer Protection Act, 1986 has been directed against judgment and order dated 18.07.2017 passed by the learned District Consumer Disputes Redressal Forum, Nainital (hereinafter to be referred as the District Commission) in consumer complaint No. 103 of 2016 styled as Sh. Rajendra Singh Bisht vs. United India Insurance Co.

Ltd., wherein and whereby the complaint was allowed.

2. The facts giving rise to the present appeal, in brief, are as such that an Eicher Canter bearing registration No. UK04-CA-4317 was owned by the complainant – Sh. Rajendra Singh Bisht, which was insured with the opposite party – Insurance Company with unlimited liability vide policy No. 2503013115P105796423 w.e.f. 25.08.2015 to 24.08.2016. The subject vehicle was carrying bee boxes from Rampur to Satbunga and on dated 19.04.2016 at about 2:30a.m., the subject vehicle fell down in a deep ditch, when the driver of subject vehicle has lost his control over the subject vehicle in order to save a wild animal. Consequently, two persons travelling inside the subject vehicle were found dead, whereas the driver of the subject vehicle was severally injured. Apart from it, four persons called for unloading the bee boxes, were also found injured. FIR of such incident was also registered in the P.S. Mukateshwar. The driver of the subject vehicle was having valid and effective driving license at the time of occurrence. Information was immediately given to the insurance company and a claim form alongwith all the requisite documents was submitted before the insurance company. After receiving the same, the opposite party - insurance company deputed its surveyor, who assessed net loss to the tune of Rs. 1,71,112/- to be paid to the claimant – complainant and the insurance company has also obtained a cancelled cheque. At the time of said road incident, the IDV of the subject vehicle was to the tune of Rs. 6,20,000/-, but the insurance company repudiated the claim of the complainant vide its letter dated 31.08.2016 alleging that seven persons were travelling inside the subject vehicle. Such ground of repudiation is totally baseless, whereas at the time of accident, three persons were travelling inside the subject vehicle. The order of repudiation of the insurance company is not in accordance with law, therefore, the opposite party – insurance company has committed deficiency in service. In such circumstances, the complainant has submitted his complaint before the District Commission.

3. The opposite party – Insurance Company has conceded in its written statement that the subject vehicle bearing registration No. UK04-CA-4317 of the complainant was insured with the answering opposite party. It is also submitted that the information about the accident was given by the complainant to the answering opposite party immediately and on receiving the information of accident of insured vehicle on 19.04.2016, the answering opposite party has taken immediate action and deputed M/s. Hamender Singh & Co. as Surveyor / Loss Assessor, who inspected vehicle at M/s Sachdeva Auto Electricals, Haldwani on dated 26.04.2016, 29.05.2016 & 10.06.2016 and submitted its report and assessed the net loss to the tune of Rs. 1,71,112/- only to the subject vehicle on repair basi