ORIENTAL INSURANCE COMPANY LIMITED Vs. MURLIDHAR MALIKRAO NALAWADE

JUDGEMENT

(1.) THE present appeal is filed by Oriental Insurance Company Ltd. against the judgment and order dated 31.8.2005 in complaint case No. 352/02 passed by District Consumer Forum, Beed.

(2.) RESPONDENT /Org.Complainant s case before the Forum is that, his jeep bearing No.MH -23E -1361 has been insured with the present appellant for sum assured of Rs. 3,35,000 for period 16.2.2000 to 15.2.2001. It is contended that on 21.7.2000 there was collision between jeep and truck. The jeep was completely damaged and complainant sustained loss of Rs. 1,50,000. It is contended that friends of complainant were in the jeep at the time of accident. Offence was registered at Beed Gramin Police Station. Complainant preferred the claim which was repudiated on the ground that at the time of accident jeep was used for hire and reward which is breach of terms and conditions of the policy. Thus complainant approached the Forum.

(3.) THE present appellant appeared before the Forum and resisted the claim on the ground that they have rightly repudiated the claim as the jeep was carrying fare paying passengers at the time of accident and thus committed breach of terms and conditions of policy.