ANSUMOY PATI Vs. NEW INDIA ASSURANCE COMPANY LTD.

JUDGEMENT

(1.) Present revision petition has been filed by the Petitioner/Complainant under Section 21(b) of Consumer Protection Act, 1986 (for short, 'Act') challenging order dated 13.6.2006 passed State Consumer Disputes Redressal Commission, Orissa, Cuttack (for short, 'State Commission') in Appeal No. 26 of 1997.

(2.) Brief facts are that petitioner filed a consumer complaint on the allegations that he is owner of a truck which has been insured with the Respondent/O.P. and insurance policy was valid up to 26.7.1995. On 30.6.1995 the vehicle in question met with an accident with a bus. Due to head on collusion, a person sitting in the back side of the truck (Dalla) was dead and drivers of both the vehicles were injured and removed to hospital. FIR to this effect was lodged. The petitioner submitted insurance claim with the respondent which vide letter dated 5.1.1996 intimated the petitioner that "since your vehicle was carrying persons, other than those covered under policy, at the material time of accident which is a clear cut violation of policy condition (Limitation as to use) we disown our liability and treated the claim as 'No CLAIM'." It is further averred that Rule 69(2) of OMV Rules, 1993 prescribes chat including driver persons are allowed to be carried on any goods carriage i.e. a driver, a helper and four labourers but not any fare paying passenger/passengers. To add to this, conditions issued for public carrier/private carrier as per permit condition issued by the R.T.O. dated 18.8.1993 wherein Clause 12 also reflects the same, that is, 4 Majdoors may be carried for loading and unloading the goods in the vehicle.

(3.) It is further stated that the vehicle was not carrying persons other than those covered under the policy. Accordingly, petitioner filed a complaint claiming Rs. 4,20,660.77 towards amount spent for repairs, mental agony and interest.