NATIONAL INSURANCE CO LTD Vs. R RAGHUNATH

JUDGEMENT

(1.) The complainant's case is as follows : He is the registered owner of the vehicle bearing Registration No. TN-43-4663, Maruti Omni van. The vehicle is covered under a comprehensive insurance policy by the opposite party. The vehicle met with an accident resulting in its extensive damage, whereupon the complainant preferred a claim to the opposite party for the damages sustained. The same was erroneously repudiated by the opposite party. Therefore, the present complaint has been laid for a sum of Rs.32,577/- with compensation of Rs.10,000/- for mental agony and sufferings, and for costs of Rs.1,000/-.

(2.) The opposite party Insurance Company repudiated the damage claim stating that there was a breach of condition by the complainant and that the complainant had used the car as a tourist taxi and this was not informed to the opposite party and since the vehicle was used as a tourist taxi for hire and reward, there was a fundamental breach of the contract and, therefore, they are not liable.

(3.) The lower Forum accepted the complaint on the ground that the policy being a comprehensive one, the accident is well covered and, therefore, it directed the opposite party to pay a sum of Rs.32, 577/- together with interest at 12% p. a. from the date of accident till realization and Rs.10,000/- as compensation for the pain and sufferings, with a cost of Rs.1,000/-.