ASHA KIRAN MAKHIJA Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THE complaint of the appellant for indemnification of the loss/damage to the vehicle -Toyota Qualis insured with the respondent company for a sum of Rs. 4,25,000/ - was first repudiated by the respondent and subsequently dismissed by the District Forum vide order dated 9.2.2005 on the ground that the vehicle was insured as a private vehicle but at the time of accident it was found being used as taxi.

(2.) THE Factum of the vehicle in question being used as a taxi was proved by the respondent and not effectively controverted by the appellant. However, in view of the submissions made by the Counsel for the appellant that wherever there is a violation or any breach of the conditions of the policy the claim of the insurer is determinable as non -standard claims as per guidelines for settlement of non -standard claims issued by the respondent company. The relevant guidelines are as under:

(3.) IN view of the aforesaid guidelines, we allow the appeal at the outset and set aside the impugned order with liberty to the appellant to approach the respondent company again within one month for claiming the damages on the basis of non -standard claims and the respondent shall decide the matter within two months. In case the appellant is still aggrieved of the decision of the respondent he shall be at liberty to approach the District Forum again by way of a complaint and in this process the limitation will not come in the way.