ABHAY S.OKA,J. - (1.)These appeals arise from a claim made by the first respondent, Mr Mukul Aggarwal (the owner), on account of damage caused to his BMW 3 Series 320D car (the car). The damage was caused due to an accident which took place near DLF Square at Gurgaon on 29/7/2012 between 12.30 am and 2 am. The impact of the accident was so much that the car was completely damaged and was beyond repair. The owner of the car was a Director of Dassault Systems India Pvt. Ltd., Gurgaon (Dassault). As the owner was desirous of acquiring a BMW car for his personal use, he applied to Dassault for a grant of loan. Accordingly, a loan of Rs.26,92,229.00 was granted by a car financing company in the name of Dassault. On 17/5/2012, the owner purchased the car in the name of Dassault from M/s Bird Automotive Pvt. Ltd. (the Dealer), an authorised dealer of BMW India Pvt. Ltd. (BMW). While acquiring the car, the owner took two protections: the first was a motor insurance policy of Bajaj General Insurance Company Ltd. (the insurer), and the second one was the BMW Secure Advance Policy (the BMW Secure) of BMW. The owner paid a premium of Rs.59,158.00for the first policy. He paid a premium of Rs.24,831.00 for the second policy. The Insured Declared Value (IDV) of the car was Rs.29,46,278.00. According to the case of the owner, a conjoint reading of the two policies shows that where the car suffers damage of more than 75% of IDV, a new car must be provided to the insured.
(2.)After the car met with the accident, the spot was immediately visited by the police and officials of the National Highway Authority of India (NHAI). The NHAI recorded the accident in its Daily Accident Report of 29/7/2012. Immediately after the accident, as the car could not be kept on a busy highway, it was shifted to BOSCH Car Workshop.
According to the case of the owner, though he attempted to contact the Dealer, he did not get any response, therefore, the car was shifted to BOSCH Car Workshop. On 30/7/2012, the damaged car was carried to the workshop of the Dealer. On 30/7/2012, according to the owner, he and Dassault filled up a Claim Form in the prescribed format and submitted it to the Dealer, who in turn submitted it to the insurer. While filling up the Claim Form, it was discovered that the Engine and Chassis numbers in the insurance policy issued by the insurer were incorrect. On 30/7/2012, the driver appointed by the owner who was driving the car went to the jurisdictional Police Station and lodged a complaint. The insurer corrected the Engine and Chassis numbers in the policy of insurance on 9/8/2012 and a fresh Claim Form was filed by the owner/ Dassault on 9/8/2012, making a claim under the general motor insurance policy as well as the BMW Secure.

(3.)The insurer appointed a surveyor who, after a Preliminary Survey, submitted a Report on 17/8/2012 which stated that the accident occurred as a truck proceeding in front of the car suddenly applied brakes, as a result, the car dashed against the truck. He estimated an approximate loss of Rs.25,00,000.00. The Dealer also got the damaged car surveyed and submitted a Repair Estimate Report concluding that the loss was to the extent of Rs.38,34,730.00. The Surveyor appointed by the insurer submitted his Final Survey Report on 7/1/2013, assessing the loss at Rs.25,83,012.00 which could be regarded as a total loss.