NATIONAL INSURANCE CO. LTD Vs. REGIONAL OFFICE

JUDGEMENT

(1.) IA 16474 of 2019 seeking condonation of delay in filing of Appeal is allowed and the delay is condoned. The present Appeal, under Section 19 of the Consumer Protection Act, 1986 (for short "the Act"?) is filed against the order dated 25.06.2019 of the State Consumer Disputes Redressal Commission, UT Chandigarh (for short "the State Commission"?) in Complaint No.347 of 2018.

(2.) The brief facts of the case are that the Respondent (hereinafter called as "the Complainant"?) purchased a Prosche 911 Carrera S car on 26.07.2013 which was insured with the Appellant vide policy issued on 26.07.2017 for a total consideration of 1,13,000/-. The vehicle was insured on the relevant date, i.e., on 04.02.2018 when it met with an accident. Intimation of the accident was sent to the Petitioner on 09.02.2018. Since no one had received injuries, no FIR was registered and only a declaration was given to the effect. The vehicle was inspected by the Opposite Party No.3, namely, Zenica Performance Car Pvt. Ltd. (arrayed so in Complaint) and submitted the quotation of repairs on 10.02.2018 for a total sum of 32,84,212/-. As the engine of the vehicle suffered damage and needed replacement, a surveyor was appointed on 15.02.2018 who submitted his report on 13.03.2018. However, a repudiation letter was issued on 10.08.2018. Aggrieved by the act of the Appellant, the Complainant filed the Complaint before the State Commission.

(3.) The Appellant in their Written Statement did not dispute the fact that on the date of accident, there was a valid insurance policy. Their contention was that there was a delay of 5 days in giving intimation of the accident and that there was violation of condition no.1 of the policy as the vehicle was not taken to the workshop within 72 hours of the incident but was taken on 10.02.2018. It was also contended that the Add-on to Private Car Package Policy also required that the intimation of the accident be sent to the Appellant within 24 hours. It was also contended that since the vehicle was imported and engine had to be brought from foreign country, the engine protection Add-on to Private Car Package Policy is not applicable to imported vehicle. On these counts, the claim was repudiated.