ORIENTAL INSURANCE CO LTD Vs. MADHURI SHARMA

JUDGEMENT

(1.) THIS appeal is directed against the order dated 20.7.2007 passed by District Consumer Disputes Redressal Forum, Raipur (hereinafter called the "District Forum" for short) in Complaint Case No. 406 of 2006, whereby the complaint filed by the complainant/respondent was allowed and an award of Rs. 18,899 along with interest and compensation was passed.

(2.) SHORT facts of the case are that a Mahindra Marshal Jeep registration No. CG04/B -3254 was insured by the appellant as a private car and the period of insurance was from 11.3.2006 to 10.3.2007. On 10.6.2006 when the vehicle was going from Dhamtari road to Sejbahar, near Khilora it met a road accident and was damaged. Because of this damage compensation was claimed by the respondent/complainant from the Insurance Company. A Surveyor was appointed by the Insurance Company who assessed the loss at Rs. 18,899 but at the same time he expressed an opinion that at the time of incident the vehicle might be in used as a hired vehicle and, therefore, the contract of insurance was breached by the complainant himself. In these circumstances the Insurance Company repudiated the claim of the complainant. Then, the complainant approached the District Forum from where the impugned order has been passed.

(3.) THE only ground which has been pressed by learned Counsel for the appellant in this appeal is that learned District Forum has wrongly turned down the plea of the Insurance Company when it was duly proved that the vehicle was used for the purpose of hiring at the relevant time and was given to some one for carrying marriage party for Rs. 700. In this regard he has drawn attention of this Commission towards statement of Dinesh Kumar Vaishnav and to the report of the Surveyor.