NATIONAL INSURANCE COMPANY LTD. Vs. NISAR AHMAD KHAN

JUDGEMENT

(1.) THIS appeal is directed against, order dated 15.03.2012 of District Consumer Disputes Redressal Forum, Rajnandgaon (C.G.) (hereinafter called "District Forum" for short), passed in Complaint Case No. 104/2011, whereby the complaint of the respondent/complainant against the appellant herein/Insurance Company was allowed, in part, and the Insurance Company, has been directed to pay 75% of the assessed loss on account of damages to the insured vehicle in a road accident. The facts of the case are that a Tata Ace vehicle bearing Registration No. CG.04 -J.B.3890 was insured by the appellant/Insurance Company as a "Goods Carrying Vehicle", for a period between 28.01.2010 to 27.01.2011. On 15.02.2010, the said vehicle suffered road accident when from front side a bus came and dashed against the insured vehicle on front side, resulting in its damage extensively. In the incident, driver Shri Parmanand, and four other persons, who were travelling in the vehicle at the relevant time, had died. The owner of the vehicle had preferred claim before Insurance Company, which was repudiated by the Insurance Company, on the ground that at the relevant time, the vehicle was being driven in violation of the terms & conditions of the insurance policy and, therefore, no amount is payable by the Insurance Company. Then, consumer complaint was filed before District Forum, which was contested by the Insurance Company, on the defence that at the relevant time the insured vehicle was carrying passengers in violation of terms of the insurance policy and, therefore, Insurance Company was not liable to pay any amount to the complainant. It has been averred that there were as many as 11 persons travelling in the vehicle, out of whom some persons died.

(2.) LEARNED District Forum, after having considered the contentions of both parties and the material placed before it, came to the conclusion that respondent/complainant is entitled for getting 75% of the amount of the assessed loss, so passed an award for that amount, in favour of the complainant.

(3.) LEARNED counsel for the appellant, Shri Vinod Deshmukh, has very vehemently contended that passengers were travelling in the insured Goods Carrying vehicle and it was material violation of terms of the insurance policy, so, the Insurance Company, cannot be said as deficient in providing services, when claim of the respondent/complainant/insured was repudiated by it. He has further submitted that boarding of passengers in Goods Carrying Vehicle contributed to happening of the incident. His submission is that four persons, who died in the accident were sitting near driver in front side and that is why they have died.