TATA AIG GENERAL INSURANCE CO LTD Vs. NEELAM

JUDGEMENT

(1.) Although an application is moved for condoning the delay of 23 days but we have heard the arguments on the merits of the case.

(2.) Brief facts of the case are that the complainant Neelam Thakur had purchased a vehicle No.DL 8 CL-5914 which was insured with the petitioner. During the valid insurance policy the vehicle met with an accident on 9th Dec., 2015. The case of the complainant was that the vehicle went off the road about 23 ft. deep while being driven by her husband Raghubir Singh Guleria. He escaped unhurt. The vehicle was damaged badly. Vehicle was parked with Kangra Herbs Premises who was also claiming parking charges @ 10,000.00 per month. Her claim was that the petitioner had failed to settle her claim. She had claimed the IDV of Rs.11 lakhs alongwith interest @ 18% and damages to the tune of Rs.5 lakhs for deficiency in service and Rs.20,000.00 for not making the payment. She has also claimed litigation expenses to the tune of Rs.50,000.00.

(3.) Her claim was contested by the petitioner on several counts. The admitted facts are that the said vehicle was insured with the petitioner. The petitioner had appointed a Surveyor/Investigator Mr. Manoj Kukreja. The petitioner also appointed a spot surveyor Mr. Acharya who after examining the spot gave the finding that there was no possibility for the driver to open the car from inside as the car could not be opened while being driven. He also opined that there was a gorge outside and had the driver jumped from the moving vehicle he would have fallen into gorge and it was not possible for driver to escape unhurt. He also gave the report that there was no witness to the accident and the claim is concocted. The claim was repudiated vide letter dated 4.5.2016 i.e. after the filing of the complaint by the respondent.