NATIONAL INSURANCE COMPANY LIMITED Vs. JAI SINGH
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
NATIONAL INSURANCE COMPANY LIMITED
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ARUN KUMAR GOEL -
(1.) IN support of this appeal Mr. Thakur, learned Counsel for the appellant submitted that the seating capacity of the vehicle was 3 persons including driver, as per Registration Certificate. Whereas at the time of accident besides driver, 2 unauthorized persons were travelling in the vehicle. Thus there was clear -cut violation of the policy conditions, and as per him the District Forum below fell into error by ignoring this vital fact while passing the impugned order. Other ground urged by Mr. Thakur was that even if any compensation is payable, it could not have been more than Rs. 2,50,000 less salvage value. With a view to support this submission he placed reliance on Annexure R -6, the consent letter given by the respondent, as well as on Annexure A -7. In this document the respondent had further agreed that after deducting the salvage value Rs. 65,000, he may be given Rs. 1,83,500.
(2.) ANOTHER fact that needs to be noted in the context of the present appeal is, that vehicle which is subject matter of this appeal bearing registration No. HP -09A -0181, was a Mahindra and Mahindra King Cab, 2001 Model, and it was insured in the sum of Rs. 3,53,000 with the appellant. It was registered on 4.5.2001 as is evident from Annexure C -l.
(3.) AFTER accident Surveyor was appointed by the appellant who carried preliminary survey. His report is Annexure R -2. Amongst other facts, it is admitted by the respondent that there were 3 persons including driver in the vehicle at the time of accident. After accident, FIR No. 198/2001 was registered at Police Station, Theog. Police mechanic during the course of investigation had found that this is a case of total loss, as none of its system was found in order due to the accident. Final survey was carried out by Mr. M.L.Mehta and Co. and his report is Annexure R -4. He had recommended the compensation on net of salvage basis at Rs. 1,83,500.
Instead of claim being settled, it was repudiated by the appellant. This resulted in filing of the complaint. We shall deal with the submissions of Mr. Thakur, learned Counsel for the appellant first based on consent letter and the respondent having agreed to accept for Rs. 1,83,500 (for settlement of his claim as per Annexures R -6 and R -7 respectively), after deducting the salvage value, assessed at Rs. 65,000 by the Surveyor in Annexure R -4.;
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