H. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION SHIMLA.

First Appeal No.: 176/2024 Date of Presentation: 20.08.2024 Reserved on: 13.05.2025 Date of Decision: 21.05.2025 ………………………………………………………………………

ICICI Lombard General Insurance Company Limited, ICICI Lombard House, 414, Veer Savarkar Marg, Near Sidhivinayak Temple, Prabhadevi, Mumbai-400025, Through its Manager (Legal), ICICI Lombard General Insurance Company Limited, 4^th Floor, Plot No.149, Industrial Area, Phase I, Next to Hometal Hotel, Chandigarh, U.T.

…....... Appellant/Opposite party Versus Paras Ram, Son of Shri Shobha Ram, Resident of Village Chhoyal, Post Office Khokhan, Tehsil Bhunter, District Kullu, H.P.

.......... Respondent/Complainant.

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Coram Hon’ble Justice Inder Singh Mehta, President.

Whether approved for reporting?¹ Yes.

For the Appellant: Mr. Jagdish Thakur, Advocate.

For the Respondent: Mr. Suresh Singh Saini, Advocate.

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Justice Inder Singh Mehta, President O R D E R:

Present appeal is preferred against the order dated 16.12.2023 of learned District Consumer Disputes

1 Whether Reporters of the local papers may be allowed to see the order?

Redressal Commission Kullu, passed in Consumer Complaint No.17/2021, titled Paras Ram Versus The Bharti AXA General Insurance Company Limited, whereby the complaint filed by the complainant was allowed and the opposite party was directed to pay a sum of Rs. 4,10,000/- on net of salvage basis to the complainant alongwith interest @ 6% per annum from the date of filing of complaint till payment/deposit. The opposite party was further directed to pay towing charges to the tune of Rs.20,000/-, special damages to the tune of Rs.10,000/-

and litigation costs of Rs.5,000/-.

Brief facts of the Case:

2. Brief facts of the case are that complainant was owner of vehicle No. HP-66-4448 and the same was insured with the opposite party from 15.05.2019 to 14.05.2020. On 14.09.2019, the vehicle of the complainant met with an accident near Chandra River (Fuman Nalla Kulbihali Curve) falling in Tehsil Keylong, District Lahaul & Spiti, H.P. FIR of accident was lodged with PS Keylong, District Lahaul & Spiti. The vehicle was being driven by Mukesh Chand, who was holding a valid driving licence. The opposite party deputed Rajesh Rana, Surveryor, who conducted the survey and directed the complainant to leave the vehicle at the showroom of Mahindra and Mahindra at Jia, Tehsil Bhunter, District Kullu, H.P. The estimate of repair was more than the IDV of vehicle and as such it was a case of total loss. The complainant spent Rs.30,000/- as carrying charges to take the vehicle to the showroom of Mahindra and Mahindra at Jia, Tehsil Bhunter, District Kullu, H.P. The surveyor prepared the loss to the tune of Rs.6,92,000/- and as such, the complainant claimed compensation on total loss basis, but the opposite party did not settle the claim. By alleging deficiency in service on the part of the appellant/opposite party, the respondent/complainant filed the complaint.

3. The opposite party/appellant filed reply to the complaint and stated that on receiving intimation of accident, opposite party appointed surveyor. The opposite party also hired the services of investigator, who submitted his investigation report on 14.01.2020. On investigation it was found that driver was in drunken condition as 45.91 mg% ethyl alcohol was found in the blood sample of the driver. Hence, the vehicle was found to be driven in violation of terms and conditions of insurance policy. There was no deficiency in service or unfair trade practice on the part of the opposite party. A prayer for dismissal of complaint was made.

4. The complainant/respondent filed rejoinder denying the contents of reply filed by the appellant/opposite party and reiterating those of complaint.

5. Thereafter, the parties led evidence in support of their respective pleadings.

6. After hearing the parties, learned District Commission allowed the complaint.

7. Feelin