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A/438/2018
Date of filing :20.10.2018
Date of order :29.08.2022
MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL
COMMISSION,MUMBAI, BENCH AT AURANGABAD.
FIRST APPEAL NO. : 438 OF 2018
IN COMPLAINT CASE NO.: 19 OF 2017
DISTRICT CONSUMER FORUM :LATUR
The New India Assurance Co.Ltd. ,
Throgh its Branch Manager ,
Gayatri Krupa, Chandranagar, Latur,
Tq. & Dist. Latur.
The New India Assurance Co.Ltd.,
Through its Authorised Signatory ,
Mahesh Compound, Adalat Road,
Aurangabad, Dist.Aurangabad.
…APPELLANT
VERSUS
Archana Baswaraj Tondare,
R/o 42-15, Vitthal Mandir Road,
Baswakalyan, Tq.Baswakalyan,
Dist.Bidar.
… RESPONDENT
CORAM : Smt.S.T.Barne, Hon’ble Presiding Judicial
Member.
Mr.K.M.Lawande, Hon’ble Member.
Present : Adv. M.R.Deshmukh for appellant,
Adv.A.K.Jawalkar for respondent.
J U D G M E N T
(Delivered on 29/08/2022)
Per Mr.K.M.Lawande, Hon’ble Member.
1. Being aggrieved by the judgment and order dated 24/08/2018 passed
by District Forum, Latur in C.C.No. 19/2017 The New India Assurance
Co.Ltd. has preferred this appeal.
A/438/2018
2.
The appellant is the opponent and the respondent is the complainant
in complaint No.19/2017 before District Consumer Dispute Redressal
Forum. The appellant and respondent are hereinafter referred to as
‘opponent ’ and ‘complainant’ as per their status in the complaint and
District Consumer Disputes Redressal Forum is referred to as ‘District
Forum’ for the sake of convenience.
3. It is the case of complainant that he purchased 10 tyre multi XL
vehicle of Ashok Leyland company. The chasis No. of the vehicle is
089610/520492. The RTO registration number is MH-24J-4115. The
vehicle is issued All India Permit. The complainant has purchased insurance
policy for the period of 30/06/2013 to 29/06/2014 by paying premium of
Rs.28,388/-, the IDV of the vehicle is Rs.60 lakhs. The driver was
appointed to drive the vehicle. The vehicle started for Mumbai with material
of L & T company on 05/06/2014. However, on 08/06/2014 at 3.30 hrs. in
morning, near Kalbhor village on Pune highway one hywa vehicle which was
proceeding ahead of the complainant’s vehicle applied breaks suddenly.
Therefore the insured vehicle therefore dashed the said hywa. The driver
was injured and the cleaner died in the accident. The vehicle sustained
damages to it’s cabin, engine and front show. The accident was intimated to
police station by the person sitting in the vehicle. The police inquired into
the matter and drew panchanama. Information was also given to opponent
insurance company. The survey was done by the opponent insurance
A/438/2018
company. After release of the vehicle from police, the complainant took the
vehicle for repairs to Basheer Body Builder. The said garage issued
quotation for repair including Rs.1,12,800/- for spare parts, Rs.1,22,400/-
for repairs and Rs.87,800/- towards labour charges .The vehicle was
repaired as per instructions by the surveyor. The complainant required to
spend Rs.2,59,687/- towards repairs. The vehicle was surveyed by surveyor
Shir.Shilwant. The complainant has requested the surveyor to pay the
expenditure incurred towards the repairs. He assured that after submission
of the original bills, the complainant will get the amount reimbursed by
opponent insurance company. The complainant submitted insurance claim
before the opponent insurance company along with the required documents
and the bills. The vehicle got repaired by the complainant by raising
amounts from relatives. However, the opponent insurance company
repudiated the complainant’s claim on the ground that there were 5
passengers in the complainant’s vehicle when the vehicle met with an
accident. The accident has occurred due to fault of the driver of hywa
vehicle which was going in front of complainant’s vehicle who applied the
breaks suddenly and therefore the complainant’s vehicle dashed
