STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

PUNJAB, CHANDIGARH.

First Appeal No.66 of 2021

Date of institution : 17.03.2021

Reserved on : 21.10.2021

Date of decision : 08.11.2021

Malkeet Singh aged about 42 years son of Sh. Satnam Singh, resident

of Ramuwal Patti, Kishanpur Kalan, District Moga.

….Appellant/Complainant

Versus

1. The Branch Manager, National Insurance Company, Jagraon,

District Ludhiana.

2. National Insurance Company Limited having its registered office

at #3, Middle Town Street, P.O. 9229, Kolkata-700071, through

its Chairman/CMD/Authorized representative.

3. M/s ANR Motors Pvt. Ltd., Doburji, G.T. Road, Near Bye Pass,

Amritsar.

…..Respondents/Opposite Parties

First Appeal against the order dated

04.02.2021 passed by the District Consumer

Disputes Redressal Commission, Ludhiana.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President

Mr. Rajinder Kumar Goyal, Member

Mrs. Urvashi Agnihotri, 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

Argued by:-

For the appellant

: Sh. Sukhmeet Singh, Advocate

For respondents No.1&2

: Sh. D.P. Gupta, Advocate

For respondent No.3

: None

……………………………………………………………………….

First Appeal No.66 of 2021

2

JUSTICE DAYA CHAUDHARY, PRESIDENT

The appellant/complainant has filed the present appeal

under Section 41 of Consumer Protection Act, 2019 for setting aside

the impugned order dated 04.02.2021 passed by the District

Consumer Disputes Redressal Commission, Ludhiana (in short, “The

District

Commission”),

vide

which,

the

complaint

of

the

appellant/complainant was dismissed.

2.

The appellant/complainant filed complaint before the

District Commission with the grievance that he purchased one Toyota

Innova Car on 09.12.2016, bearing temporary registration No.PB-02-

BX-3775, for earning his livelihood by plying the said car as taxi after

getting tourist permit. The said vehicle was insured by OPs No.1 and 2

(in short “OPs”). He paid premium of Rs.47,407/- and the insured

declared value of the said vehicle was Rs.14,13,931/-. The insurance

policy was valid w.e.f. 09.12.2016 upto midnight of 08.12.2017. It has

further been mentioned in the complaint that the complainant went to

Gurudwara Shri Bangla Sahib, Delhi for paying obeisance and while

returning to Ludhiana, the said vehicle met with an accident on

22.12.2016 and was damaged completely. The complainant also

received severe injuries, as he was driving the vehicle. FIR No.1212

dated 22.12.2016 was registered at P.S. Sadar Karnal, Haryana

regarding said accident. The complainant lodged the claim with OPs

No.1 and 2, who directed him to get the vehicle repaired from Castle

Toyota, ANR Motors Pvt. Ltd. Doburji, G.T.Road Bye-pass, Amritsar

OP No.3 gave the estimate of repair of Rs.26,22,772.12 paise. OPs

No.1 and 2 appointed a Surveyor. The complainant supplied all the

First Appeal No.66 of 2021

3

documents as demanded, but still the claim of the complainant was not

settled, despite various requests made by the claimant. OP No.3 sent

notice to him for removing the damaged vehicle from its premises as

no approval was given by OPs No.1 and 2 to start the repair work. A

legal notice was sent to OPs for payment of requisite claim and

compensation, but they failed to give satisfactory reply.

3.

OPs No.1 and 2 filed written statement wherein preliminary

objections were raised that the complainant has violated provisions of

Section 66 of Motor Vehicle Act, 1988, as he plied the vehicle on the

road without having any permit. On merits the factum of said accident

and appointment of Surveyor has been admitted by OPs No.1 and 2. It

has further been averred that vide lette

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