NEW INDIA ASSURANCE CO LTD Vs. A NAZAR

JUDGEMENT

(1.) THIS is an appeal against the order dated 14th August, 1992 passed by the State Consumer Disputes Redressal Commission of Tamil Nadu at Madras in Original Petition No. 127 of 1992.

(2.) BY this order the State Commission held that if the driver of the lorry had disobeyed the instructions of the owner and carried passengers, the lorry owner cannot be held responsible thereof and that this unauthorised and a minor deviation attracting the exclusion clause cannot disentitle the complainant from enforcing his claim under the policy against the insurer.

(3.) IT would be evident that the question to be considered in this appeal is limited; whether the Insurance Company was entitled to repudiate its liability under the policy on the ground that the insured vehicle was being run contrary to the terms of the agreement of insurance which does not permit the carriage of any passengers in that vehicle.