SHARAD MEHTA Vs. ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) THIS appeal has been filed by the complainant -appellant against the order dated 12.6.2008 passed by the District Forum, Banswara in complaint No. 42/07, by which the complaint of the complainant -appellant was dismissed.

(2.) IT arises in the following circumstances: That the complainant -appellant had filed a complaint against the respondent Insurance Company before the District Forum, Banswara on 29.10.2007 inter alia stating that his Maruti Alto LX car bearing No. RJ.03/C -2405 was got insured with the respondents Insurance Company for the period 12.12.2005 to 11.12.2006 for a sum of Rs. 1,68,000 as IDV. It was further stated in the complaint that on 22.7.2006 when the vehicle in question was going from Chittorgarh to Banswara, a video coach bus which was coming from the opposite direction has caused accident with the Maruti car of the complainant -appellant as a result of which the Maruti car was damaged and assessment of the damage was to the tune of Rs. 66,602, for which a claim was preferred by the complainant -appellant before the office of the respondent Insurance Company, but that claim was repudiated by the respondent Insurance Company through letter dated 30.11.2006 in the following manner: "With reference to the above you are hereby informed that claim of above vehicle which met with accident on 22.7.2006 is repudiated because you have fitted LPG kit in the car without permission of RTO and no premium was charged on the LPG fitting. Hence claim is repudiated." Thereafter the present complaint was filed.

(3.) A reply was filed by the respondent Insurance Company on 5.2.2008 and in the reply they have taken the same pleas which were taken in the repudiation letter dated 30.11.2006 and the case of the respondents Insurance Company was that since the complainant -appellant had fitted LPG kit in his car against the terms and conditions of the policy, therefore, on account of the breach of the terms and conditions of the policy, the claim was not payable and thus the claim was rightly repudiated and it was prayed that the complaint be dismissed though the Surveyor appointed by the respondent Insurance Company Shri Surendra Kalra in his report dated 25.8.2006 had assessed the loss for the damage of the vehicle to the tune of Rs. 46,761. Note: That the manner in which the accident was caused as stated above has even been admitted by the Surveyor in his report dated 25.8.2006 meaning thereby, the accident was caused by the bus coming from opposite side.