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Showing posts with label Accident claim. Show all posts
Showing posts with label Accident claim. Show all posts
Wednesday, September 25, 2013

Accident claim = when the drivers licence was not valid and was not renewed at the time of accident, petitioner is not entitled to 75% of the claim on non-standard basis and respondent has not committed any error in repudiating claim.

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published in  http://164.100.72.12/ncdrcrep/judgement/0013092511482503RP75-7613.htm NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION   ...

Accident claim = whether; petitioner was entitled to receive Rs.5,00,000/- the amount for which vehicle was insured, or to get market price.= In the present case, as per surveyor G.S. Advani & Co. report, total cost of the repairs of the vehicle was Rs.3,05,000/- and market value of the vehicle was Rs.2,35,000/-. As per report of The Institute of Insurance Surveyors & Adjusters (Mumbai), Pune Unit, market value of damaged vehicle was Rs.2,35,000/- and salvage value of the vehicle was Rs.65,000/-. This report was given by the Committee of 3-independent surveyors after inspecting the vehicle and inquiry from market. In such circumstances, it can be presumed that value of the vehicle was around Rs.2,35,000/- and as per Condition No.4 of the insurance policy, petitioner was entitled only to receive Rs.2,35,000/-. In our judgment inDr. Vir Singh Malik Vs. The Oriental Insurance Co. Ltd. (Supra) case insured amount was allowed after depreciation because neither such condition was brought to our notice, nor report of independent surveyor regarding value of vehicle was placed. 11. In such circumstances, petitioner is not entitled to receive remaining Rs.2,63,500/-. Learned State Commission has not committed any error in dismissing appeal and upholding order of District forum dismissing complaint, though on other grounds. 12. Consequently, revision petition filed by the petitioner is dismissed with no order as to costs.

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published in  http://164.100.72.12/ncdrcrep/judgement/00130923110701918RP132008.htm NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION   ...