ORIENTAL INSURANCE CO. LTD Vs. RAVINDER SINGH KANG

JUDGEMENT

(1.) The present First Appeal has been filed against the Order dtd. 25/10/2018 passed by the State Consumer Disputes Redressal Commission, Punjab, Chandigarh (hereinafter to be referred as 'the State Commission'), in Consumer Complaint No. 616 of 2018, wherein the Complaint filed by the Complainant (Respondent herein) was allowed.

(2.) There was delay of 57 days in filing the present appeal. For the reasons stated in IA/3369/2019 the delay is condoned.

(3.) It is the case of the Complainant that he is the owner of vehicle Mercedes Benz GL-500 bearing Registration No.PB-05-AD-1000, Engine No.30347099, Chassis No.585404, Model 2010. He got insured the said car from the Appellant/OP on 22/9/2017, vide Insurance Policy No.233790/31/2018/308, by paying Rs.1,12,758.00. The said car met with an accident near Harike City, District Taran Taran (Punjab) on 24/12/2017, as it went over some stones placed on the road for diverting the traffic. The weather was bad as well as some construction was in progress on the road. Due to this, the engine chamber of the car was damaged as a result there was oil leakage. Due to traffic as well as being unaware of the oil leakage, the Complainant drove the car and safely parked 600 meters away from the place of accident. Intimation about the said accident was given to the Appellant, who sent a truck for towing the car to the workshop of Benz Motors, Ludhiana. After inspection, the mechanic of Benz Motors informed that the engine of the car was totally damaged and that new engine would be required for complete repairing of the car. He prepared an estimate of Rs.28,50,000.00 as the repair cost. The Complainant forwarded the estimate to the Appellant. However, the Appellant avoided its liability to the estimate and offered to pay only Rs.53,500.00 vide letter dtd. 21/7/2018. Since the date of accident, the car remained in the workshop of Benz Motors, Ludhiana for which the Complainant is paying Rs.6,000.00 per month as parking charges. Being aggrieved due to non-adherence to insurance contract, the Complainant filed a Consumer Complaint before the State Commission seeking the following relief: