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In the case, the appeal is made against the judgment dated 23rd February 2015 given by the National Consumers Disputes Redressal Commission, New Delhi.
The appellant whose appeal was dismissed by District Forum was the owner of Ashok Leyland truck which was covered with a policy of insurance issued by the insurer and effective period of the insurance policy was from 2nd June 2011 to 1st June 2012. On 11th November 2011, the truck was loaded with the Ammonia Nitrate at Raipur, and at Dhanbad, the ammonia nitrate was supposed to be unloaded and commenced its journey.
Rajendra Singh was driving the truck. While the said truck was on its journey from Raipur to Dhanbad it met with an accident near Bhakuwa Toil Police Station, Gumlain Jharkhand at about 1.45 P.M. ON 13th November 2011. It is Stated that during saving a cow which came into the way of the truck driver loosed controls of the truck and it turned turtle and was fall in the river near the roadside the truck was extensively damaged, the ammonia nitrate which the truck was carrying was washed away because of the accident.
The accident was reported in the Gumla Police Station in the Gumla District, Jharkhand on 16th November 2011. On 25th November 2011, the appellant lodged a claim with the insurer. On the receipt in which information regarding the accident and the claim is supposed to be filled the insurer appointed an independent surveyor and loss assessor to conduct a spot survey.
Shri Birendra Kumar Gupta was the independent surveyor and loss assessor appointed by the insurer, he conducted the spot survey and submitted the report on 29th November 2011. Shri Gyan Chandra was appointed by the insurer for the final report, he is a valuer, Surveyor, Loss Assessor, and Investigator.
Gyan Chandra submitted the final report on 25th January 2012 assessing the loss recoverable from the insurer of Rs. 4,93,500/- after the deduction of Salvage Value. Instead of reimbursing the loss, the insurer issued a show-cause on 23rd March 2012. Requiring the appellate to show cause that why the claim of the appellant should not be repudiated.
The show-cause was issued on the allegation that the appellate had already sold the truck to the Mohammad Illiyas Ansari on 11th April 2008. The court said that the appellant remained the owner of the truck on the date of the accident and the insurer could not avoid its liability for the losses of the owner on the ground of transfer of ownership. Hence, the insurer is liable to pay the amount to the appellate.
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