RAVINDER KUMAR RANA Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) MR . Justice Arun Kumar Goel, President (Oral) - Heard learned Counsel for the parties and with their assistance record of the complaint file has also been examined. Insurance of the vehicle bearing registration No. HP -09A -0427 on the date of its accident, i.e. on 19.4.2004 in the sum of Rs. 2,50,000 is not in dispute between the parties. This vehicle met with accident near Sandhu, Tehsil Theog.

(2.) APPELLANT claims that he spent Rs. 61,761 on repairs and Rs. 7,000 as towing charges. Thus he claimed Rs. 68,761.38 the amount actually spent by him, besides Rs. 15,000 on account of visiting the office of the respondent -Insurance Company. In addition to these claims he also prayed for allowing interest @ 18% per annum, as well as litigation costs.

(3.) DEFENCE of the respondent -Insurance Company was that the vehicle was a commercial transport vehicle meant for carriage of goods. Because one gratuitous passenger was travelling in it at the time of accident, respondent was not liable to indemnify on account of violation of the terms and conditions of the policy of insurance subject to which vehicle was insured by it. This resulted in filing of the complaint for the grant of above referred reliefs by the appellant.