Sanjay Kumar Mahwshwari  age about 52 years S/o Sri Bhagwati Prasad  R/o Moh. Choak Vidhya Ghar Kasba and Post Kasganj Tehsil  & Distt. Kasganj                                                        ( Through Advocate Anurag Pachauri)

V/s

1. Manager, ICICI Lombard General Insurance Company Ltd., Chamber 1, IVth Floor, Aldico Corporatte Gomti Nagar, Lucknow       

(Through Advocate Dharmendra Pandey)

2. Sri Sai R.R. Motors Pvt. Ltd. Sarsaul G. T. Road, Aligarh

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

1.       The Op be directed to pay the amount Rs491000 with interest for the damaged vehicle and to pay Rs.20000 as parking charges. .
2. Compensation Rs 50000/ for harassment be awarded.
3. Cost of the litigation as council fee Rs.10000 be awarded.  

2. Complainant has stated that he is registered owner of the car UP87 C 50501 and was insured with OP during the period from 1.9.2019 to 31.8.2020 covering all kinds of risks. On 5.12.2019 at about 5 Pm the car collided with the Tractor trolley at near Chharra. Complainant informed the OP insurance company and file claim which was rejected on the ground of misrepresentation of the license of the driver and damaged. Complainant was driving the car at the time of accident and he was having a valid driving license. The claim was wrongly rejected by OP. The Car  was got repaired and the estimate  repairing was Rs. 537094  the cost of repair is more than IDB of the insurance and insurance company is liable to pay Rs. 491000 as IDB.               
3. Op no.1 insurance company admitted in WS that the car was insured by the op insurance company and further stated that the estimate prepared by the government approved surveyor was Rs179401 and the damage was wrongly stated. The person was sitting in the car received no injury.   The medical document of Mr. Sanjay Kumar Maheshwari and co passenger Mr. Prem Pal with FIR were not made available the driver details were misrepresent in claim form.
4. Op no.2 did not contest the case.
5. Complainant has filed his affidavit and papers in support of his pleadings. OP no.1 has also filed their  affidavit and papers in support of his pleadings
6. We have perused the material available on record and heard the parties.
7. First question for consideration is whether the complainant is entitled to  any relief?
8. It is not disputed that the car was not insured with the Op insurance company and there is nothing to disbelieve the occurrence and the only question is to ascertain the quantum damages. Complainant has submitted the estimate of the repairs at Rs.537094 prepared by Sri Sai R. R. Motors Pvt. Ltd. whereas the op insurance company has submitted the surveyor report prepared by Mr. Ajay Pathak Surveyor and loss assessor. The estimate submitted by the surveyor cannot be treated as sacrosanct and is rebuttable.  As per estimate  report of complainant, the assessment of damages at Rs. 537094  is supported with the affidavit and can be taken into consideration for assessment of damages. The vehcle was insured for Rs. 491000 and thus complainant is entitled for reimbursement at Rs.491000. 

9. Question is formulated in favor of complainant.     
10. We hereby direct the Op no.1insurance company to reimburse the complainant  amount Rs. 491000 with pendente lite and future interest @9% per annum. Op shall also pay to the complainant Rs. 10000 as litigation expenses. Complainant direct to give the damaged vehicle/salvage to the insurance company on payment of Rs.491000 with interest.
11. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
12. File be consigned to record room along with a copy of this judgment.