UNITED INDIA INSURANCE CO.LTD. Vs. JAI BHAGWAN SHARMA
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
UNITED INDIA INSURANCE CO.LTD.
JAI BHAGWAN SHARMA
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(1.) VIDE impugned order dated 4.11.2000 the appellant Insurance Company has been directed to make the substandard claim of 75% of the insured value of the vehicle which met
with an accident against the total loss with interest @ 9% and cost of
(2.) THROUGH this appeal the impugned order has been assailed mainly on the ground that the respondent -complainant had already sold the
insured vehicle to the deceased driver Sh. Vineet Tyagi and therefore he
ceased to have any insurable interest; secondly that the driver was not
holding a valid driving licence, and thirdly that the vehicle was used
for commercial purposes which is in violation of the terms and conditions
of the policy and therefore the claim was repudiated.
(3.) WE have perused the impugned order and find that none of these contentions has been dealt with nor has any specific finding returned by
the District Forum in respect of any of these contentions and
straightaway substandard claim @ 75% of the insured value was granted on
the premise that the vehicle was being used for commercial purposes
whereas it was not a passenger vehicle.
In the result, the appeal is allowed, the impugned order is set aside and the matter is sent back to the District Forum to decide it
afresh after considering the aforesaid contentions and returning the
specific finding of the fact as well as of law. The appellant shall
appear before the District Forum on 10.4.2006.;
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