NATIONAL INSURANCE CO LTD Vs. ALKA

JUDGEMENT

(1.) THIS appeal is by the opposite party, the National Insurance Co. Ltd. aggrievedby the order dated 4.5.2007, passed by District Consumer Disputes Redressal Forum, Ratlam, directing them to pay Rs. 1,79,508, towards repair of the vehicle, and costs of Rs. 500.

(2.) THE facts in brief are that the respondent's vehicle, a Tempo Trax, which was insured with the appellant Insurance Company, met with an accident on 22.3.2004. The respondent states that she spent Rs. 1,90,962 on the repair of the vehicle by the authorized dealer. The Surveyor assessed the net liability at Rs. 1,21,000. However, the Insurance Company repudiated the claim on the ground that the vehicle was being used commercially, which was a violation of the terms of the policy.

(3.) THE Forum below, after duly consid ering the evidence on record, came to the conclusion that there was nothing to support the appellant's contention that the vehicle was being used commercially. Even otherwise, the appellant themselves have filed the report of Mr. K.M. Thombre, Surveyor, who was asked to do a fact finding of the claim. In his report, he concludes "there is no authentic proof/statement of the passengers of insured vehicle that the insured vehicle was on hire basis at the time of the accident". We, therefore, see no reason to differ with the finding of the Forum, as regards the usage of the vehicle.