sarda sarda

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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.

published in NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION                                                 NEW DELHI          REVISION PETITION NO. 1320 OF 2008 (From the order dated 02.11.2007 in Appeal No. 863/2001 of the State Consumer Disputes Redressal Commission, Mumbai, Circuit Bench at Aurangabad) Mrs. Laxmi Ramesh Sarda Partner in M/s. Zumberlal Sitaram Sarda, Sarda Lane, Ahmednagar                   …Petitioner/Complainant Versus The Manager United India Insurance Co. Ltd. Divisional Office, Kisan Kranti Bldg., Market Yard, Ahmednagar                            …Respondent/Opp. Party (OP) BEFORE      HON’BLE … Continue reading

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