ANKIT KUMAR NAMDEV Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS appeal arises from the order dated 5.5.2009 passed by the District Forum, Chhindwara in case No. 49/2008 whereby the claim for compensation in respect of the damage to the motor vehicle has been dismissed by the District Forum.

(2.) THE facts, in brief, reveal that the appellant is the owner of a four -wheeler, "tempo trax", which was insured for the period 22.11.2004 to 21.11.2005. While this vehicle was carrying passengers on 10.2.2005 there was head -on collision between the vehicles and large number of passengers were injured and tempo trax was damaged. The claim was made in the sum of Rs. 4,35,995 but, the Surveyor assessed the loss at Rs. 1,38,170. However, finding that in privately registered vehicle, passengers were travelling and vehicle was being used as taxi, the District Forum has dismissed the claim. Learned Counsel has invited attention to the decision of the Supreme Court in Amaendu Sahoo v. Oriental Insurance Co. Ltd., 2010 2 CPJ 9 (SC), in which it is held that in such a situation OD claim is payable on non -standard basis. Under these circumstances, a sum of Rs.1,03,628 was payable being 75% of the amount assessed by the Surveyor.

(3.) ACCORDINGLY , this appeal is allowed and the Insurance Company is directed to pay a sum of Rs. 1,03,628 to the complainant with interest at the rate of 6% from the date of the order passed by the District Forum.