NEW INDIA ASSURANCE COMPANY LIMITED AND ORS Vs. JAI LAL CHAUHAN
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
New India Assurance Company Limited And Ors
Jai Lal Chauhan
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(1.) AFTER hearing the learned counsel for the parties and in view of the fact that the accident had taken place within one month after purchase of vehicle, we are of the view that the impugned order needs to be modified thereby allowing 75 % of compensation awarded by District Forum below alongwith interest at the rate and from the date as awarded by District Forum below on non -standard basis alongwith cost as assessed in the impugned order. For taking this view we rely on the decision of the Hon'ble Supreme Court in Amalendu Sahoo versus Oriental Insurance Company Limited, 2010 2 CPJ 9 ". We also direct that in case the vehicle is financed by any bank and this fact is incorporated in the insurance policy, appellant shall release the amount in favour of such financier, which will be valid discharge qua the respondent. Mr. Kanwar on instructions received from his client who is also present before us stated that salvage will be delivered in the office of respondent at Kasumpti, Shimla -9, which we direct will be accepted "on as is where is basis" by the appellant. After its receipt, immediately thereafter the appellant shall proceed to deal with the case regarding the payment in terms of policy.
(2.) INSURANCE being admitted on the date of accident, but violation of policy conditions and Motor Vehicles Act, 1988 was the main thrust of the appellant in this appeal, so this case is disposed of on non -standard basis.
(3.) APPEAL is partly allowed subject to the above modification in the order of District Forum below in Consumer Complaint No.90/2009, dated 12.10.2009, leaving the parties to bear their on cost.
Learned counsel for the parties have undertaken to collect copy of this order from the Court Secretary, free of cost as per rules.;
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