ORIENTAL INSURANCE CO LTD Vs. B RAMAREDDY

JUDGEMENT

(1.) This revision is directed against the order dated 11.10.2004 of Karnataka State Consumer Disputes Redressal Commission, Bangalore dismissing appeal against the order dated 3.12.2002 of a District Forum whereby petitioner/opposite party Insurance Company was directed to pay amount of Rs. 1,70,000 with 12% interest from the date of filing of complaint to the respondent/complainant.

(2.) In nutshell, the facts leading to filing of this revision are these. Respondent was the owner of vehicle bearing No. KA - 16-5189 which was insured with the petitioner for the period from 1.11.2000 to 30.10.2001. Vehicle met with an accident on 14.2.2001. On being informed of the accident the petitioner appointed Surveyor. Respondent alleged that he incured expenses of Rs. 1,50,000 on repairs of the vehicle. On claim being repudiated by the petitioner through the letter dated 20.2.2002 on ground of vehicle carrying 70 passengers in violation of the conditions of policy, the respondent filed complaint which was contested by the petitioner on the ground similar to that taken in repudiation letter.

(3.) Copy of the policy is at page 37 while that of F.I.R. at pages 61 to 63. Copy of the report of B.V. Kumaraswamy, Surveyor is at pages 38 to 45 while that of cross-examination of Kotreshi, Conductor on the vehicle at pages 58-60.