NILESH TIWARI Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS appeal is directed against the order dated 17.4.2014, passed by District Consumer Disputes Redressal Forum, Raipur (C.G.) (henceforth "District Forum"), in Complaint Case No. 176/2012. By the impugned order, the complaint of the appellant (complainant) has been dismissed. Briefly stated the facts of the complaint are: that the appellant (complainant) is owner of vehicle Tata Indica Vista bearing registration No. CG -04 -DQ -5786 and the same was insured with the respondent (O.P.) for the period from 24.2.2010 to 23.2.2011. On 5.7.2010, at about 12.30 midnight the driver of the appellant (complainant) Ashok Nayak along with his two friends Hemant and Sunil Banjare were coming one truck bearing registration No. C.G.04 -ZC - 4544 dashed the vehicle in question due to which the vehicle in question was completely damaged. The matter was reported to the Police Station, Vidhan Sabha, Raipur from where the diary was transferred to Police Station, Dharsiwa where crime No. 240/2010 was registered. The matter was also intimated to the respondent (O.P.) and the appellant (complainant) submitted claim form along with all relevant documents, but the respondent (O.P.) did not settle the claim of the appellant (complainant), therefore, the appellant (complainant) filed consumer complaint before the District Forum against the respondent (O.P.) and prayed for granting reliefs as mentioned in prayer clause of the complaint.

(2.) THE respondent (O.P.) filed its written statement and averred that insurance policy was obtained under Private Car Package Policy for private use, but the appellant (complainant) get the vehicle in question registered for the motor cab/taxi purpose. The appellant (complainant) did not inform the respondent (O.P.) regarding registration of the vehicle in question as motor cab/taxi purpose and the appellant (complainant) get the vehicle registered for commercial purpose whereas the insurance policy was issued for private use. The vehicle in question was used by the appellant (complainant) for commercial purpose, which is fundamental breach of terms and conditions of the insurance policy. The appellant (complainant) also did not obtain permit and the vehicle in question was being used in the public road with out obtaining permit, which is also fundamental breach of the terms and condition of the insurance policy, therefore, the respondent (O.P.) has rightly repudiated the claim of the appellant (complainant).

(3.) THE appellant (complainant) has filed documents. Documents are copy of First Information Reports, Certificate of Registration, Motor Vehicle Cover Note, driving licence, cash receipt, letter dated 10.11.2010 sent by the appellant (complainant) to the respondent (O.P.). OP -1 is letter dated 11.3.2011 sent by the appellant (complainant) to the respondent (O.P.), OP -2 is Motor Insurance Proposal Form, OP -3 is Insurance Cover Note, OP -4 is Private Car Package Policy, OP -5 is Motor Survey Report, OP -6 is Certificate of Registration, OP - 7 is Verification Report issued by the R.T.O., Raipur, OP -8 is Extract of Driving Licence, OP - 9 is Certificate of Fitness, OP -10 is letter dated - 14.10.2010 sent by R.T.O., Raipur to Mohd. Ibrahim (Investigator), OP -11 is driving licence, OP -12 is letter dated 13.10.2011 sent by the respondent (O.P.) to the appellant (complainant).