SHARAD MEHTA Vs. ORIENTAL INSURANCE CO. 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 circumstance:

(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.