UNITED INDIA INSURANCE COMPANY LIMITED Vs. S NAGARAJAN

JUDGEMENT

(1.) THE opposite party in O.P. No. 75/2002 on the file of the District Forum, Nagercoil is the appellant herein.

(2.) THE case of the complainant was as follows: He was running a travel agency business and his Mahindra and Mahindra Van (Maxi Cab) was insured for a period of 10.4.2001 to 9.4.2002 with the opposite party. On 5.8.2001 it met with an accident. One passenger died. It was repaired at a cost of Rs. 1,15,454. A claim was made with the opposite party. The opposite party repudiated the claim on the ground that the van was overloaded. The complainant by letter dated 23.4.2002 informed the opposite party that the van carried only 12 passengers. The complaint came to be filed.

(3.) THE opposite party justified the repudiation, as already stated, on the ground that due.to overloading the accident occurred.