LAWS(KERCDRC)-2010-7-3

UNITED INDIA INSURANCE CO LTD Vs. POULOSE

Decided On July 22, 2010
UNITED INDIA INSURANCE CO LTD Appellant
V/S
POULOSE Respondents

JUDGEMENT

(1.) THE appellants are the opposite parties/Insurance Company in CC.92/2008 in the file of CDRF, Wayanad. The appellants are under orders to pay a sum of Rs.56,078/ - for the damages sustained to the vehicle insured with the opposite party.

(2.) THE case of the complainant is that the Maruthi Omni Van owned by him and having full coverage with the opposite party and having all India Tourist permit, met with an accident while playing through the state of Karnataka on 19.5.07. He has spent Rs.80,000/ - for rectifying the damages to the vehicle. The claim was repudiated on the ground of permit violation which is incorrect. He has claimed Rs.80,000/ - with interest at 18% and Rs.20,000/ - as compensation.

(3.) THE opposite parties have contended that the vehicle was not having authorization as required in the permit. The authorization expired on 17.5.06. Hence, the same amounted to policy violation. The surveyor has assessed the loss after deducting depreciation at Rs.56,078/ -. The opposite parties have denied liability to pay the amount.