STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Date of institution : 11.03.2025 Reserved on : 03.02.2026 Date of Decision : 13.02.2026 Avtar Singh son of Balwant Singh R/o VPO Toosa, Tehsil Raikot, District Ludhiana, UID No.666812702382, Mob No.9417399293.

….Appellant/Complainant.

Versus

1. The Chairman-cum-Managing Director, New India Assurance Company Limited, (Govt. of India Undertaking), Regd. & Head Office New India Assurance Bldg., 87, M.G. Road, Fort, Mumbai-

400 001.

2. The Regional Manager, New India Assurance Company Limited, (Govt. of India Undertaking), Raikot Branch-361102, Raikot, District Ludhiana-141109.

3. The Branch Manager, New India Assurance Company Limited, (Govt. of India Undertaking), Raikot Branch-361102, Raikot, District Ludhiana-141109.

4. New India Assurance Company Limited, (Govt. of India Undertaking), Regd. & Head Office New India Assurance Bldg, 87, M.G.Road, Fort, Mumbai-400001 through its Competent Authorities.

….…Respondents/Opposite Parties.

First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 16.01.2025 passed by the District Consumer Disputes Redressal Commission, Ludhiana in CC No.434 of 2022.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, Member

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

3) Whether judgment should be reported in the Digest?

Yes/No Present:-

For the Appellant : Sh.Rahul Rana, Advocate For the Respondents : Sh.Vaibhav Garg, Advocate for Ms.Ritu Punj, Advocate SIMARJOT KAUR, MEMBER :

The Appellant/Complainant has filed the present Appeal to challenge the impugned order dated 16.01.2025 passed by the District Consumer Disputes Redressal Commission, Ludhiana (in short, “the District Commission”), whereby the Complaint filed by the Complainant had been partly allowed

2. It would be apposite to mention here that hereinafter the parties will be referred, as were arrayed before the District Commission.

3. Briefly, the facts of the case as made out by the Complainant in the Complaint filed before the District Commission are that the Complainant purchased one Goods Carrying Commercial Vehicle (Truck) make Bharat BEN/1617R (Diesel) bearing registration no.PB-10-GK-8285 in the year 2017. It was purchased to earn his livelihood. He had availed loan of an amount of Rs.19,50,000/- from HDFC Bank for the said vehicle. The Complainant had obtained Insurance Policy of the said vehicle from the OP No.3 vide Commercial Vehicle Package Policy No.36110231210100001694. It was valid w.e.f 24.11.2021 to 23.11.2022 for an IDV value of Rs.13,50,000/-. A premium of Rs.42,670/-had been paid. The Complainant had stated that he got the vehicle registered with the Regional Transport Authority. He had also got Route Permit, Goods Carriage Permit to ply the same as per the provisions of Motor Vehicle Act. Furthermore, he had employed one Mr. Parminder Singh son of Banth Singh as driver for driving the aforesaid Goods Carrier vehicle. He was holding a valid and effective driving license No.0R07 20030028740 which was valid for TPT vehicle up to 03.12.2025. The license was issued by the Regional Transport Authority, Odisha. The Complainant had further mentioned that on 25.06.2022, when the said vehicle was being driven by Parminder Singh, Driver, it met with an accident near Check Post, Fulbari Bye Pass, District Jalpaiguri (West Bengal). The vehicle was totally damaged in the said accident. The driver had lodged a Police report with Police Station N.J.P. on 28.06.2022 about the said accident. Thereafter, on 13.07.2022, the Complainant had lodged a claim of loss with the OPs. The OPs had appointed Mr. Tejinder Singh Anand, Insurance Surveyor & Loss Assessor to assess the loss. He had inspected the damaged vehicle of the Complainant thoroughly and had taken some photographs of it. After consulting the repairer, Mr. Anand had prepared the loss assessment and