MINATI SAHU Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This revision petition is directed against concurrent findings of the order of the fora below dismissing the insurance claim of the petitioner/complainant.

(2.) Briefly put facts relevant for the disposal of this revision petition are that the petitioner had insured one Maruti Omni Van bearing Registration No.OR-05-U-9824 with the respondent/opposite party. Insurance cover was valid for the period from 14.5.2008 to 13.5.2009. Admittedly, the vehicle was being used as an ambulance and it suffered a fire accident on 21.1.2009 resulting in extensive damage. An FIR with the police was recorded. The insurance company was informed and insurance claim was filed. The opposite party repudiated the insurance claim on the ground that at the time of fire, the subject vehicle was being used as an ambulance as on running on LPG without RTO endorsement in violation of the provision of Motor Vehicle Act and the policy condition. Being repudiation of the insurance claim, the petitioner raised a consumer dispute before the District Forum, Cuttack being CC No.08 of 2011.

(3.) The District Forum on consideration of the pleadings and evidence, did not find merit in the complaint and dismissed the same. Being aggrieved of the order of the District Forum the petitioner preferred an appeal and the State Commission, Orissa vide impugned order dismissed the appeal with the following observation :-