UNITED INDIA INSURANCE CO LTD Vs. DHARAM RAJ

JUDGEMENT

(1.) , Presiding Memberï ½This revision is directed against the order dated 27.3.2003 of Consumer Disputes Redressal Commission Haryana Chandigarh dismissing appeal against the order dated 28.1.2003 of a District Forum whereby petitioner/ opposite pary was directed to pay to the respondent complainant amount of Rs. 90,353/- with interest @ 12% p.a. w.e.f. 22.6.2001 till realization.

(2.) FACTS giving rise to this revision lie in a narrow compass. Respondent was the owner of a vehicle bearing registration No. HR-47/7207 which was insured with petitioner for the period from 25.7.2000 on 24.7.2001. On 22.6.2001 when respondent was going in the vehicle for his personal work i.e. to return empty 5/6 milk tanks, it turned turtle due to failure of steering and its body was badly damaged, Intimation regarding incident was sent to the petitioner.

(3.) ONLY submission advanced by Mr. Karan Mehra for petitioner was that the respondent was not having permit authorising the use of vehicle in question as a transport vehicle on the date of accident. Permit was obtained later on from 25.7.2000 to 24.7.2001. Use of vehicle on the date of accident was, thus, in violation of Section 66 of the Motor Vehicles Act, 1988 (for short the Act) as also in breach of condition of insurance policy. Reliance was placed on the decision in Oriental Insurance Co. Ltd. v. Soni Cheriyan, VI (1999) SLT 565=11 (1999) CPJ 13 (SC)=1999 (6) SCC 451.