In a stunning turn of events, the Surat District Consumer Redressal Commission has vehemently dismissed a private insurance behemoth's claim of 'driver swapping'. The commission has given the verdict to the company to pay Rs 4.30 lakh with 9 percent interest, to the aggrieved party in a long-drawn-out six-year-old case. The man at the center of this saga is one Mr Budhabhai Patel, a tenacious resident of Songadh town, situated a mere 85 km away from the bustling city of Surat.
The insurance company (ICICI Lombard) had alleged that Mr Budhabhai Patel had misled them by falsifying information, claiming it was his driver Rajendrasinh who was at the helm during the accident. The insurance giant however was of the view that Mr Budhabhai was driving the vehicle since he had suffered more injuries and major impact on the vehicle was on the driver's side. Even though said evaluation was mentioned in the investigation report submitted by the investigator, there was no hard evidence which was preseneted by the company to the forum. During the court proceedings Mr Patel argued: "Investigator has not produced any letter of the statement of the driver that he was not on the wheels. Rajendrasinh too gave a statement to police that he was driving the car."
On account of lack of evidence the commission dismissed the insurance firms 'no valid license' defense and awarded Mr Budhabhai Patel Rs 4.30 lakh compensation, along with 9% interest.
Source: III Newsletter
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