NATIONAL INSURANCE CO LTD Vs. MOHAN ANANT POTNIS

JUDGEMENT

(1.) The present appeal is filed by original opponent against the judgment and order dated 3.12.2000 in Complaint Case No.345/1998 passed by District Consumer Forum, Ahmednagar.

(2.) Respondent/complainant's case before the Forum is that, his Mahindra Jeep Commander model 1994 No. MH-16 C-1326 is insured with the appellant for the period from 25.10.1994 to 24.10.1995. It is contended that, when the patient Ashabai Babasaheb More with her child was coming to Shevgaon in the jeep on 8.8.1995 for sonography, one truck chassis dashed jeep. In accident child and driver died. Accident was informed to the police and also appellant. The surveyor was appointed and he visited the vehicle. The vehicle was allowed to be repaired from the dealer. It is contended that, surveyor has given approval for expenses. The claim was preferred which was repudiated by the Insurance Company. Thus, he approached the Forum.

(3.) Appellant appeared before the Forum and resisted the claim. It is contended that, the vehicle in question was used for carrying fare paying passengers. Thus, there is breach of condition of policy. The jeep was not used for carrying patient to the dispensary of complainant. It is also contended that, the driver was not having valid licence.