FFCI TOKIO GIC LTD Vs. ANIL

JUDGEMENT

(1.) This revision petition has been filed under sec. 21 (b) of the Act 1986 in challenge to the Order dtd. 8/12/2015 of the State Commission in appeal no. 1598 of 2014 arising out of the Order dtd. 8/7/2014 of the District Commission in complaint no. 1037 of 2011.

(2.) We have heard the learned counsel for the insurance co. (the petitioner herein) and have perused the record.

(3.) The matter relates to repudiation of an insurance claim on the insured vehicle meeting with an accident. The premium had been paid, the policy was valid, the accident had in fact actually taken place, the surveyor appointed by the insurance company had assessed the net loss at Rs.1,96,850.00. However the insured vehicle was being used for hire, in violation of the policy conditions. The two fora below have returned concurrent findings in favour of the complainant (the respondent herein), ordering the insurance co. (the petitioner herein) to pay the claim on non-standard basis i.e. at 75% of the loss assessed by its surveyor.