I Date of Filing:27 .07.2022 Date of Disposal: 77 .O3.2026 BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, KALBURGI CIRCUIT BENCH DATED. THIS THE 1TTHDAY OF MARCH. ²⁰²⁶ PRESENT HON,BLE MT JUSTICE T G SHIVASHANKARE ^GOWDA:

PRESIDENT HON,BLE MTS DIVYASHREE ^{M: LADY MEMBER} sc I cBL | 29 / Al L6L3 I ²⁰²² M/s Cholamandalam ^M S General Insurance Co. Ltd., Rep. by its Authorised SignatorY Unit No.4, 9th Floor, ^{Level 6} Golden Heights ComPlex

59th'c' cross, 4th'M' ^Block Appellant Rajajinagar, Bengaluru-560 ⁰¹⁰ (By Mr Manoj Kumar M R Advocate)

-Versus-

Mr Abdul Khadeer S/o Mr Haji Abdul ^Rauf @ ^{Maibubasab Nandawadagi} Aged about 42 ^years Occ: Agriculture R/o Basaveshwar ColonY Kalaburgi Taluk and District Respondent (By Mr V S Zalaki, Advocate)

: ORAL ORDER:

PER: MT JUSTICE T G SHIVASHANKARE ^GOWDA:

PRESIDENT This Appeal is filed U/S 4L of ^{the Consumer} Protection Act, 2019 by Opposite ^{Party (in shott'the OP')} challenging the Order dated ^{04.03.202L passed in Consumer} Complaint No.15/2019 by ^{the District Consumer} (in Disputes Redressal Commission, ^{Kalaburgi short} District Commission').

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2. The Appellant was ^{the OP and the Respondent was} the Complainant before ^{the District Commission. For the} sake ^of convenience, ^{the rank of the parties shall be} referred to as ^per their ^{status before the District} Commission.

3. The brief facts of ^{the case are tha! the Complainant,} is the owner of Toyota ^{Innova Car bearing Registration} No.KA-O1-D-3774, ^{which was insured with OP by paying} annual premium of ^{Rs.23,518/- under policy bearing} No,3362/101012856/000/00 ^{covering the risk for the} period from 27.05.2015 and 26.05.2016' ^{The Insured} Declared Value (in short ^{IDV) of the vehicle is} Rs.7,50,000/-.

3(a). On 25.05.2015, ^{the Complainant was travelling} from Shahabad to Kalaburgi, ^{near Shetty College, a dog} suddenly crossed the road. ^{In order to avoid hitting the} dog, the driver of the ^{vehicle Mr Mohammad Abidpasha} swerved ^the car towards the left ^{side of the road. In the} process, he lost control over the ^{vehicle, as a result of} which, ^the vehicle met with an ^{accident and the car was} completely damaged. ^{However, there was no loss of life} or injury to the driver ^{or the occupants'}

4. After ^the accident, ^{the incident was reported to} a University Police Station, ^{Kalaburgi, where case was} registered in Crime No.165/2016 and ^{FIR was reported to} the jurisdictional ^{Magistrate Court. The Complainant also} informed the OP about the accident. ^{Thereafter, the} Vehicle was towed to Toyota ^{Karuna Motors, Kalagburgi} where it was repaired ^{at a cost of Rs'9,35,050/-' The} Surveyor appointed by the OP has inspected the ^vehicle and collected the necessary documents.

4(a). The Surveyor has suggested for settlement of claim on basis of total loss. Since IDV of the ^{vehicle is} lesser than ^the estimated repair costs of ^{the vehicle, the} Complainant requested ^the OP to settle ^{the claim for the} IDV amount. Though the OP initially ^{assured the} settlement, the claim was not settled and ^{postponed the} same on one or the other reason. Alleging deficiency ⁱⁿ service, ^the Complainant has filed ^{the complaint before} the District Commisslon.

5. Before ^the District Commission, ^{the OP has opposed} the Complaint by filing the version, admitting ^{that the} Complainant is the registered owner ^{of the vehicle, that} the policy was in force at the time ^{of accident and the} vehicle was completely damaged. It ^{was contended that} to the letters were addressed Complainant ^seeking submission of documents required ^{to process the claim'} Since no documents were submitted, claim ^{was treated as} 'No Claim' and thereby repudiated' OP contended ^that there is deficiency on the ^part of the Complainant ^{in not} furnishing the documents and therefore, OP is not liable to pay any compensation.

6.

Before the District Commission, the Complainant has filed his affidavit evidence as PW-1 and 13 ^documents came to be marked as Ex-P1 to P13. On behalf of ^{OP, The} Assistant Manager of OP filed his affidavit as ^{RW-1 and} one witness also fil