MAYUR BATRA Vs. ICICI LOMBARD GENERAL INSURANCE COMPANY LTD
LAWS(DELCDRC)-2009-1-11
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on January 21,2009

Mayur Batra Appellant
VERSUS
Icici Lombard General Insurance Company Ltd Respondents


Referred Judgements :-

UNITED INDIA INSURANCE CO LTD VS. BHARAT KUMAR C PATEL [REFERRED TO]


JUDGEMENT

- (1.)THE vehicle of the Complainant met with an accident and was extensively damaged. The Insurance Company - O.P. No. l instead of declaring it as total loss and paying the claim of the insured amount directed for repairs of the vehicle in connivance of O.P. No. 2, the authorized service centre and dealer of the manufacturer of the car and since the repairs have not made the vehicle in question road worthy, the complainant has approached this Commission seeking reliefs mentioned in the prayer clause together with compensation of Rs. 7 lakh towards loss of use of vehicle and harassment and mental agony as well as cost of litigation.
(2.)THE facts leading to the filing of the instant complaint, briefly stated are that the complainant had purchased a Ford Endeavour Sports Utility Vehicle (SUV) for Rs. 13,57,000, registered as a Private Vehicle in the name of the complainant vide registration No. DL 3C AN 0889 from O.P. No. 2, who are the Authorised Dealers and Repairers of the Ford India Pvt. Ltd.
(3.)THE said vehicle was got insured from O.P. No. l, ICICI Lombard General Insurance Company Ltd., at the instance of O.P. No. 2, after payment of premium of Rs. 50,550 providing insurance cover vide Cover Note No. PC 1534231 dated 28.2.2006 for the period 28.2.2006 to 27.2.2007.
On 8.12.2006, the said Ford Endeavour met with an accident near Ludhiana while the complainant was coming back from Jallandhar to Delhi, along with his daughter. The vehicle of complainant was driven by his driver. It was badly damaged as it hit with a truck which sped away after the accident. Intimation was also given to police regarding this accident.



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