NEW INDIA ASSURANCE COMPANY LIMITED Vs. GIAN CHAND
LAWS(UTRCDRC)-2006-12-11
UNION TERRITORY STATE CONSUMER DISPUTE REDRESSAL COMMISSION
Decided on December 08,2006

NEW INDIA ASSURANCE COMPANY LIMITED Appellant
VERSUS
GIAN CHAND Respondents




JUDGEMENT

- (1.)THIS appeal has been directed by the opposite party against order dated 12.4.2006 passed by Consumer Disputes Redressal Forum -II, U.T. Chandigarh (hereinafter to be referred as District Consumer Forum), vide which the complaint of respondent Gian Chand (complainant) was accepted with costs of Rs. 2,500 and he was awarded compensation of Rs. 87,328.70 to be paid by the appellant along with interest @ 6% p.a. from the date of repudiation of claim till payment. He was further awarded compensation of Rs.10,000 on account of deficiency in service. However, respondent was directed to deposit salvage of the vehicle with the appellant but if respondent failed to deposit the salvage of the vehicle, then appellant would be entitled to deduct Rs.3,000, being value of the salvage as assessed by the surveyor.
(2.)BRIEFLY stated the facts are that the respondent ( complainant) is owner of Santro Xing car bearing Registration No.CH -03 -M -4951, model 2003 and it was insured comprehensively with the appellant (New India Assurance Company Ltd.) with effect from 11.6.2003 to 10.6.2004. Unfortunately the said car met with an accident on 2.11.2003 on the interception of roads of Sectors 45/46, Chandigarh with a scooter. Due intimation was given to the appellant which appointed Surveyor and the Surveyor assessed the loss to the extent of Rs. 87,328.70. However, appellant ultimately rejected the claim on the ground that the driver was not having permanent driving licence but was having only learner s driving licence.
(3.)ALLEGING deficiency in service, the complaint was filed and prayed for grant of payment of Rs. 1,09,903 along with interest @ 24% p.a. from the date of accident till payment.
The appellant contested the complaint and filed written reply. It stated that it appointed Sh. Baljinder Singh, Automobile Engineer as loss assessor who assessed the loss at Rs. 87,328.70 subject to deposit of salvage vide his report Annexure R -1. It next stated that it further appointed Sh. S.P. Singh, as investigator to find out genuineness of the claim and he vide his report Annexure R -2 pointed out that driver Shri Gian Chand was not holding valid driving licence but was holding only learner s licence and further Gian Chand was driving alone at the time of accident and as such there was violation of Motor Vehicles Act as the car was being driven by the complainant Gian Chand without expert driver. On merits, it submitted that the car in question met with an accident on 2.11.2003 and loss was got assessed as stated above. It further stated that claim had been rightly repudiated as there was no deficiency in service on its part, so, complaint should be dismissed.



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