In a significant legal ruling, the Supreme Court of India has addressed the Tata Safari vehicle claim dispute. The case involved a dispute over the Insured Declared Value between the parties. The judgement provides clarity on the valuation of the vehicle and the compensation to be awarded. Stay tuned for more insights on this case!
Facts
- The appellant filed a claim for his Tata Safari vehicle that met with an accident on 2 June 2012.
- The Insured Declared Value was estimated at Rs 5,00,000 by the surveyor, while the appellant claimed it was determined at Rs 6,00,000.
- The claim was submitted on 5 June 2012, and an intimation was sent to the respondents on 4 June 2012.
- The claim was allowed on 12 November 2014 in the amount of Rs 5,38,000 with 6% interest from 21 March 2013.
- A surveyor appointed by the respondents submitted a report on 5 November 2012, and the repair estimate received by the appellant was Rs 5,66,769.
- Appeals were filed by both the appellant and the respondents before the State Consumer Disputes Redressal Commission.
- NCDRC reduced the claim awarded from Rs 4,99,000 to Rs 3,81,031.
- SCDRC partly allowed the appeal by reducing the amount awarded to Rs 4,99,000 with 6% interest per annum.
Also Read: Court’s Jurisdiction in Re-appraising Arbitrator’s Findings
Arguments
- 1.1
Also Read: Contrary Directions in Issuance of Letter of Intent
Analysis
- No recovery shall be made from the appellant as per the order passed in the present appeal.
- The appellant’s grievance is found to have merit in this view of the matter.
Also Read: Application for Stay in Civil Suit Rejected: Court’s Legal Analysis
Decision
- Appeals allowed
- Impugned order of the NCDRC dated 6 November 2018 set aside
- Judgment and order of the SCDRC restored
- No order as to costs
Case Title: SHYAM LAL JAYASWAL Vs. BRANCH MANAGER ORIENTAL INSURANCE COMPANY LIMITED (2020 INSC 19)
Case Number: C.A. No.-000075-000076 / 2020
