Vadodara: Upholding the findings of an independent surveyor, the Vadodara District Consumer Disputes Redressal Commission has ordered an insurance firm to pay compensation to a car owner in a dispute over damage to a luxury vehicle in a 2023 road accident.The complainant, Alpesh Patel, stated that in April 2023, he lost control of Mercedes Benz while trying to avoid two stray dogs in the city, causing the vehicle to hit a large stone. The impact led to significant damage, including engine oil leakage, following which he took the car to a service centre.The service centre assessed both external and internal damage and estimated repair costs at Rs 8.05 lakh, forwarding the claim to The New India Assurance Company Ltd. However, Patel alleged that the insurer’s surveyor only assessed external damage and ignored potential internal engine damage, despite indications of serious impairment.In Oct 2023, the insurer informed Patel that only external repair costs would be covered, excluding engine-related expenses. After the company rejected his demand for Rs 8 lakh (70% of the insured sum), Patel approached the consumer forum in Dec 2023, seeking Rs 9.93 lakh along with 12% interest.Advocate Akhil Dave, representing Patel, argued that despite clear signs such as oil leakage, the insurer’s surveyor underestimated the damage at just Rs 80,000 and termed the issue as minor repairs not covered under the policy.After hearing both sides, the commission, in a rare move, appointed an independent surveyor. From three suggested names, Kirit Vyas was selected. The car’s engine was opened in the presence of both surveyors, confirming substantial internal damage.With the total repair cost estimated at around Rs 11 lakh, the commission ordered the insurer to pay Rs 9.41 lakh to Patel, along with Rs 5,000 each towards mental agony and litigation costs. It also directed that the vehicle be treated as a total loss and its registration be cancelled with the RTO.
