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"The insured vehicle shall be treated as a CTL if the aggregate cost of retrieval and/or repair of the vehicle, subject to terms and conditions of the policy, exceeds 75% of the IDV of the vehicle"

Considering the amount of insurable interest of Rs. 21,12,000/- and repairing cost of Rs. 17,35,000/-. It appears that more than 75% repairing cost is assessed therefore, for calculating the compensation the car is required to be treated as constructive total loss.

19. The claimant has produced copy of policy at page 4 wherein, the amount of Rs. 21,12,000/- is shown as total sum insured.

19.3 The claimant has produced terms and conditions of the private car package policy at page 40-46. On perusing the same at page 41 it is stated as under:

"The insured declared value (IDV) of the vehicle will be deemed to be the „SUM INSURED‟ for the purpose of this policy which is fixed to the commencement of each policy period for the insured vehicle.

The IDV of the vehicle (and accessories if any fitted in the vehicle) is to be fixed on the basis of the manufacturer‟s listed selling price of the brand and model as the vehicle insured at the commencement of insurance/renewal and adjusted for depreciation. (As per schedule below) The schedule of the age wise depreciation as shown below is applicable for the purpose of Total loss/constructive Total loss (TL/CTL) claims only.