NEW INDIA ASSURANCE CO.LTD Vs. VINOD KASHIWALE

JUDGEMENT

(1.) The appeal is filed by New India Assurance Company Ltd questioning the legality of the order directing it to pay an amount of Rs. 1,08,400/- with interest @ 9%p.a. and costs.

(2.) The respondent insured his Lorry bearing number AP.9U.8166. The appellant insurance company issued insurance policy bearing No. 610100/31/04/06699 for the period commencing from 24.07.2004 till 23.07.2005. The lorry met with an accident on 21.05.2005 when the driver of a Truck tried to overtake another Truck and the driver of the Lorry attempted to avoid collision with Motor Cycle, the Lorry turned turtle and the inmates sustained injuries as also the Lorry suffered damage.. The lorry sustained damage in the accident. The Police, Yenagam, Maharashtra, registered a case in crime number 70 of 2005 under sections 279,337,338,427, of the IPC 118,117,119,134-A and 177 of the M.V. Act. The respondent claimed a sum of Rs. 1, 46,511/. .The respondent addressed letter dated 15.09.2006 with a request to the appellant insurance company to settle the claim.

(3.) After receiving intimation of the accident, the appellant insurance company appointed surveyor who estimated the loss to the tune of Rs. 1,20,590/-. The appellant repudiated the claim and informed its decision through letter dated 24.08.2006 on the grounds that in violation of the terms and conditions of the insurance policy the vehicle was carrying passengers and as per the contents of the registration certificate, the vehicle was registered as a goods vehicle. And the driver of the lorry was not authorized to drive the goods vehicle. The condition of the insurance policy prohibits carrying of any other persons except the driver as the insured vehicle is a goods vehicle. It is contended that the lorry was carrying four persons and the permit was expired on 31.03.2005. It is contended that the claim was repudiated basing on the documents and after taking in to consideration of all the circumstances.