Decided on February 18,2020

Universal Sompo General Insurance Company Limited Appellant
SHEELA DEVI Respondents


Deepa Sharma, J. - (1.) The present revision petition has been filed challenging the order dated 11.09.2019 in Appeal No. 652 of 2019. This appeal was filed by the petitioners challenging the order of the District Forum dated 20.06.2019 in complaint no. 603 of 2017 of respondent no.1
(2.) The brief facts of the case are that vehicle of the complainant was insured with the petitioner and met with an accident and got damaged. It was towed to the service centre. Information of the accident was given to the petitioner. A surveyor was appointed. Surveyor initially on the basis of damages noticed by the service station gave its report. Subsequently, it was found that the vehicle could not be started after repair of the body of the vehicle. On examining the vehicle's engine to ascertain the reason, the service station found that engine had also got damaged and that is why the vehicle was not starting. The surveyor was informed and same surveyor was directed to do the inspection of the engine as well. Surveyor submitted its report whereby it opined that damage to the engine of the vehicle was not due to the accident. Claim for the repair of the damage to the outside of the body of the vehicle was admitted. However, the complainant was aggrieved of rejection of claim towards the damage to the engine and filed a complaint.
(3.) The parties led their evidences before the District Forum and on the basis of evidences led by the parties, the District Forum reached to the conclusion that damage to the body of the vehicle and to the engine was due to the accident. In the appeal before the State Commission, claim for repair of the body of the vehicle was admitted. The claim of the complainant for damage to the engine was disputed. Same plea was taken that damage to the engine was not caused by the accident.;

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