Karnataka - Mangalore   

Some recent decisions

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MANGALORE: Some of the recent decisions of the forum are:

February 15, 2010: The insurance surveyor said a tipper in Baikampady overturned and was damaged. The insurance company contended that the accident was caused by a mechanical failure. The forum held that the insurer “miserably failed to justify” the contention. It increased the claim to Rs. 19,250 from Rs. 5,337 and awarded compensation of Rs. 5,000, besides the cost of litigation.

December 15, 2009: The insured motorcycle-owner said he had spent Rs. 33,885 after an accident involving an autorickshaw. The company declined the claim stating that he had violated the condition that barred him from promising payment to the owner of the other vehicle involved in the accident. The forum found no documentary evidence in support of the company's contention and asked it to pay Rs. 21,250, based on the surveyor's estimate, besides compensation of Rs. 5,000 and litigation cost.

December 15, 2009: The widow and daughter of an auto driver, who died in an accident in 2008, sought the insured sum of Rs. 2 lakh and repair costs of Rs. 25,468. The insurer offered only Rs. 3,840 towards repair. The company said the two had not produced either the succession certificate or no-objection certificate from the parents of the deceased. The forum said there was no record to show that there was an objection by parents of the deceased and the forum awarded a relief of Rs. 2,22,481, along with interest at 10 per cent a year.

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