ORIENTAL INSURANCE CO LTD Vs. NATESAN

JUDGEMENT

(1.) -since the tractor belonging to the complainant met with an accident, the complainant who had insured the tractor with the opposite party made a claim to the opposite party who repudiated the same and hence the complaint.

(2.) The opposite party justified their repudiation stating that there was an unauthorized user and breach of condition in that the tractor carried another person besides the driver which is in contravention of the condition of the policy and that the accident was due to rash and negligent driving of the vehicle by the driver.

(3.) The lower Forum rejected the ground of repudiation and awarded a sum of Rs.51,191.95 to the complainant as compensation with interest and cost. Hence the appeal.