SHAKEEL AHMED Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) The complainant/petitioner, owner of vehicle No. UK04-CA-2661 (Mahindra Max Pick-UP), got the said vehicle insured with the respondent National Insurance Company Limited for the period from 27.02.2011 to 26.02.2011. During the subsistence of the policy, the vehicle met with accident on 09.08.2011 when it was going from Kaladhungi to Rampur. On a claim being lodged with the Insurance Company, a surveyor was appointed, who assessed the loss to the complainant at Rs. 1,25,236/-. The claim, however, was repudiated by the Insurance Company on the ground that though the vehicle was registered as a goods vehicle with sitting capacity of 3 persons including driver, it was empty and was carrying 8 persons including driver, at the time it met with the accident, thereby committing breach of the terms and conditions of the policy.

(2.) Being aggrieved from the rejection of the claim, the petitioner/complainant approached the concerned District Forum by way of a complaint. The complaint was resisted by the insurance company on the same ground on which the claim had been rejected. Vide order dated 27.02.2013, the District Forum allowed the complaint and directed the insurance company to pay a sum of Rs. 1,25,236/- to the complainant, alongwith compensation amounting to Rs. 10,000/- and cost of litigation amounting to Rs. 5,000/-.

(3.) Being aggrieved from the order passed by the District Forum, the Insurance Company approached the concerned State Commission by way of an appeal. Vide impugned order dated 26.11.2014, the State Commission noticing that though the vehicle was registered for carrying goods from one place to another but was being used to carry 8 passengers, allowed the appeal and dismissed the complaint. Being aggrieved from dismissal of his complaint, the complainant is before this Commission by way of this revision petition.