ORIENTAL INSURANCE COMPANY LTD Vs. B A NAGESH

JUDGEMENT

(1.) Oriental Insurance Company Petitioner in this case has filed a revision petition under section 21 (b) of the C P Act, 1986, against the order dated 31.05.2006 of the Karnataka State Consumer Disputes Redressal Commission, Bangalore, in Appeal No. 1607 of 2004, filed by one B A Nagesh (Respondent before us), challenging the order of the District Forum, Hassan.

(2.) Brief facts of the case according to the Petitioner are as follows:

(3.) The Respondent, on the other hand, has given a totally different version of the accident. According to him, the injured persons were hit by his lorry which was coming at a high speed before it hit a tree, implying thereby that the injured persons were not the passengers in the lorry but were pedestrians walking on the road. He has, therefore, denied that there was any breach by him of the terms of the conditions of the Insurance Policy. Respondent has produced the charge-sheet filed by the police which fully supports his version of the events. Respondent has claimed that as a result of this accident, his vehicle was heavily damaged and he had to spend Rs. 3,02,192/- on its repairs. Although he informed the Insurance Company regarding the accident and produced all the relevant documents in connection with the repair expenses to the vehicle, the Petitioner did not settle the claim and later on repudiated it on grounds of breach of policy terms and conditions.