KANTA EKKA Vs. ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) THIS appeal is directed against order dated 7.3.2009, passed by District Consumer Disputes Redressal Forum, Durg (hereinafter called "District Forum" for short) passed in complaint case No. 315/08, whereby the complaint of the appellant herein has been dismissed on the ground that the conditions of the policy were violated, so the complainant is not entitled for getting any compensation for damages to the insured vehicle in a road accident.

(2.) FACTS of the case are that the appellant herein is the registered owner of vehicle Mahindra Scorpio bearing registration No. CG -07 -M -1657, which was insured with the respondent for the period from 23.12.2007 to 22.12.2008. As per the case of the complainant, on 20.1.2008 the vehicle met a road accident with a bullock -cart. In that accident some persons suffered injuries and some lost their lives. The incident was intimated to the Insurance Company who appointed a Surveyor to assess the loss. Investigation was also conducted by someone. Ultimately, the Insurance Company repudiated the claim on the ground that the vehicle was used as taxi, though it was insured as private vehicle. The driver of the vehicle was also not having licence for driving a transport vehicle and the vehicle was overloaded, as 23 persons were travelling on hire in that vehicle. The appellant herein then filed a complaint before District Forum claiming compensation for damages to the vehicle.

(3.) IN the written version the Insurance Company reiterated the same defence which was taken at the time of repudiation of claim.