N D VIJAYAKUMAR Vs. UNITED INDIA INSURANCE COMPANY LTD , REP BY ITS BRANCH MANAGER, BRANCH OFFICE, GUINDY, CHENNAI

JUDGEMENT

(1.) The writ petition has been filed by the Petitioner, praying the following:

(2.) According to the petitioner, he is a registered owner of the Toyota Innova Car, bearing Registration No. TN-05-V6606 which was insured with the 1st Respondent Insurance Company for the period 21.07.2010 to 20.07.2011. The Petitioner's car met with an accident on 13.02011 near Pazhanjur Village, Bangalore Bye Pass road. A claim was lodged with the 1st Respondent for damages caused to the insured car. It is stated that originally, the Petitioner has given an estimate for Rs.5,50,000/- and because of delay of nine months in settling the claim by the 1st Respondent, estimate has been revised and claimed at Rs.6,20,000/- apart from additional charges of Rs.1,75,000/-. However, the 1st Respondent by letter dated 21.10.2011, has repudiated the claim of Petitioner on the ground that Petitioner has availed Private Car Policy but the car has been registered as maxi cab used for commercial purpose in violation of policy terms. It is the case of the petitioner that the repudiation is bad in law as the subject vehicle, at the time of accident, was used only for private purpose of Petitioner. The Petitioner has also filed additional typed set of papers detailing bills and expenses incurred for the repairing the insured vehicle which is stated to be Rs.5,69,471/-.

(3.) A counter affidavit has been filed by the 1st Respondent, intere alia, contending that the writ petition is not maintainable as the petitioner seeks to enforce contractual right under policy terms. It is also contended that the claim involves factual disputes and cannot be summarily decided without trial and evidence. Hence the Petitioner is not entitled to invoke writ jurisdiction and his remedy is before civil or consumer forum. Without prejudice to the above, 1st Respondent stated that policy issued to the Petitioner is a private car policy which clearly stipulates Insured car cannot be used for Commercial purpose and on verification of claim papers, it was found RC of Insured vehicle, registered as maxi cab for commercial purpose. Thus, the claim was found fit for repudiation for violation of policy condition, by letter dated 21.10.2011.