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Civil · Reportable judgment

Shyam Lal Jayaswal vs Branch Manager, Oriental Insurance Company Limited and Another

Court
Supreme Court of India
Date
8 January 2020
Case No.
Civil Appeal Nos. 75-76 of 2020
Result
Allowed
Bench
D.Y. Chandrachud, Hrishikesh Roy
Citation
[2020] 1 S.C.R. 54 : 2020 INSC 19
Supreme Court Reports [2020] 1 S.C.R. 54 : 2020 INSC 19
Headnote

Consumer Protection Act, 1983 – Appellant’s vehicle insured with the respondent met with accident – Appellant filed claim before the District Consumer Disputes Redressal Forum – Claim allowed in the amount of Rs.5,38,000/- with interest @ 6% p.a. – Appeals by both the parties – State Consumer Disputes Redressal Commission (SCDRC ) partly allowed the appeal of the respondents reducing the amount to Rs.4,99,000/- with interest @ 6% p.a. – National Consumer Disputes Redressal Commission (NCDRC) further reduced the claim to Rs.3,81,031/- – On appeal, held: It is not disputed that the order of the SCDRC was not challenged by the respondents before NCDRC, but only the appellant contested the reduction of the claim by SCDRC – Impugned order of NCDRC set aside and that of SCDRC is restored – Submission on behalf of the respondents is that the order of the SCDRC was duly complied with by the respondent and, as a result, the NCDRC directed recovery of the excess – In pursuance of the present order, no recovery be made from the appellant.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The following Order of the Court was passed: ORDER 1. Leave granted. 2. These appeals arise from an order of the National Consumer Disputes Redressal Commission1 dated 6 November 2018. The appellant is the owner of a Tata Safari vehicle bearing registration number CG-15C-7777. The vehicle was insured with the respondent for the period 29 March 2012 to 28 March 2013. The vehicle met with an accident on 2 June 2012. An intimation was furnished to the respondents on 4 June 2012. On 5 June 2012, the claim was submitted to the respondent. The appellant received an estimate for repair of the vehi
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