STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND DEHRADUN Date of Admission: 21.12.2022 Date of Final Hearing: 24.01.2026 Date of Pronouncement: 10.02.2026 SC/5/A/255/2022 The Oriental Insurance Company Limited Divisional Office, Haldwani through its Regional Manager, Regional Office, 3^rd Floor NCR Plaza, New Cantt. Road, Dehradun (Through: Sh. S.P. Singh, Advocate)

…… Appellant Versus

1. Sh. Rajendra Singh Rawat S/o Sh. Asad Singh Rawat R/o House No. 151, Lakhanpur, Ward No. 2 Ramnagar, District Nainital, Uttarakhand (Through: None)

2. M/s Cholamandalam Investment & Finance Limited through its Branch Office, Kashipur, District Udhamsingh Nagar (Through: Sh. Chetan Jain, Advocate)

…… Respondents Coram:

Ms. Kumkum Rani, President Mr. B.S. Manral, Member

ORDER

(Per: Ms. Kumkum Rani, President):

This appeal has been directed against the impugned judgment and order dated 29.09.2022 passed by learned District Consumer Disputes Redressal Commission, Nainital (hereinafter to be referred as “The District Commission”) in consumer complaint No. 32 of 2019, styled as Sh. Rajendra Singh Rawat Vs. The Oriental Insurance Company Limited and another, wherein and whereby the consumer complaint was allowed and the appellant / opposite party No. 1 (insurance company) was directed to pay compensation of Rs. 1,69,655/- to respondent No. 1 / complainant towards full and final settlement of his insurance claim in respect of vehicle bearing registration No. UK04-CA-6436, within a period of 45 days’

2. The facts giving rise to the present appeal, in brief, are, as such that for the purposes of earning his livelihood, the respondent No. 1 / complainant had purchased truck bearing registration No. UK04-CA-6436 manufactured by Tata Motors Limited for sum of Rs. 6,94,000/-, which was insured with the appellant – insurance company for the period from 31.03.2017 to 30.03.2018 vide policy bearing No. 253892/31/2017/1820. The complainant had engaged Sh. Pratap Singh S/o Sh. Kulwant Singh, R/o Lakhanpur, Ramnagar, as driver of the vehicle, who was possessing a valid and effective driving license. On 24.01.2018, the insured truck was going from Ramnagar to Golikhal after loading consumable items (rice, wheat and sugar) from government warehouse, Aam Danda, Ramnagar. In the way, in order to save an animal, the insured vehicle fell in a deep gorge at Maulekhal road, near Jhargaon. In the said accident, the driver – Sh. Pratap Singh died, while the insured vehicle got completely damaged. The F.I.R. of the accident was lodged with P.S. Salt, District Almora on 25.01.2018 and intimation was conveyed to the insurance company. The insurance company appointed spot surveyor, who conducted spot survey. The insurance company got survey done through Sh. J.C. Joshi, surveyor and loss assessor, who considering it as a case a total loss, submitted his report to the insurance company. The workshop gave an estimate of repairs to the tune of Rs. 9,11,200/-. Inspite of expiry of sufficient time, the insurance company did not settle the claim and illegally repudiated the claim through letter dated 09.05.2019. Thereafter, consumer complaint was presented by the complainant before the District Commission.

3. The appellant – insurance company filed written statement before the District Commission and pleaded that at the time of accident, the insured vehicle was being driven on a hilly route against the terms and conditions of the permit as well as insurance policy. The permit issued in respect of the insured vehicle by the Transport Department covered all Uttarakhand excluding hills. Since at the time of accident, the vehicle was being plied in violation of the terms and conditions of the permit as well as insurance policy, hence the claim was rightly repudiated by the insurance company per letter dated 09.05.2019 and by doing so, no deficiency in service was committed. Therefore, the consumer complaint is liable to be dismissed.

4. The respondent No. 2 / opposite party No. 2 (finan