AMRITA DEVI Vs. BAJAJ ALLIANZ GENERAL INSURANCE CO.

JUDGEMENT

(1.) This Revision Petition has been filed by the Petitioner against order dated 6.7.2012 passed by Learned State Commission in First Appeal No. 14/2011- Amrita Devi & Ors. VS. Bajaj Allianz General Insurance; by which while dismissing appeal, order of the District Forum dismissing complaint was upheld.

(2.) Brief facts of the case are that Complainant-Petitioner's husband- Santosh Kumar was owner of tempo trax jeep No. HP-01M-0396 which was insured with Opposite Party-Respondent. Jeep had capacity to carry 9 passengers and a driver. On 15.10.2008, jeep met with an accident and driver of the vehicle and 9 other persons in the vehicle died. Complainant submitted claim to Opposite Party which was repudiated by Opposite Party on the ground that at the time of accident, 27 persons were sitting in the vehicle. Alleging deficiency on the part of Opposite Party, Complainant filed complaint before District Forum. Opposite Party resisted complaint and submitted that there was breach of terms of Policy as 27 persons were sitting in the vehicle against capacity of 9 persons and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, dismissed complaint. Appeal filed by Complainant was dismissed by Learned State Commission by impugned order against which this Revision Petition has been filed.

(3.) Heard Learned Counsel for the parties finally at admission stage and perused record.