NATIONAL INSURANCE COMPANY LIMITED Vs. GOVIND

JUDGEMENT

(1.) This revision petition is directed against the order of the State Commission Maharashtra dated 24.01.2017 in F.A. No.915 of 2016 arising out of complaint case No.58 of 2016.

(2.) Briefly stated undisputed facts giving rise to this revision petition are that the respondent/complainant insured his vehicle no.MH-21V-0115 with the petitioner insurance company for the period from 27.11.2014 to 26.11.2015. The insurance cover was to the tune of Rs.1,60,000.00. On 29.04.2015, the aforesaid vehicle met with an accident resulting in damage. The accident was reported to the police as well as insurance company. The respondent/complainant preferred insurance claim to the tune of Rs.4,63,645.00 as repair cost. The insurance company however repudiated the claim on the ground that at the time of accident the vehicle was used for hire and reward purpose against the terms and conditions of the insurance policy. It may be noted that a surveyor was also appointed by the insurance company and as per the survey report the estimate of damage was to the tune of Rs.97,885.00. Being aggrieved of the repudiation of the insurance claim, the respondent/complainant raised a consumer dispute by approaching the District Forum, Jalna under Sec. 12 of the Consumer Protection Act, 1986.

(3.) The District Forum on consideration of the pleadings and evidence did not find merit in the complaint. Accordingly, the complaint was dismissed.