ORIENTAL INSURANCE CO LTD Vs. SHIV PUJAN KUSHWAHA

JUDGEMENT

(1.) The complainant/respondent owned a vehicle which he had got insured with the petitioner for the period from 15.04.2014 to 14.04.2015. The said vehicle having with an accident while returning from Ramanujganj allegedly alongwith the equipments of D.J. Sound Service, had got damaged and a claim was lodged with the insurer for re-imbursement of the loss suffered by the complainant. The claim was however, rejected vide letter dated 12.04.2015 on the ground that a goods vehicle had with an accident while carrying passengers, thereby committing breach of the terms and conditions of the insurance policy. Being aggrieved from the rejection of the claim, the complainant approached the concerned District Forum by way of a Consumer Complaint. The complaint was resisted by the petitioner primarily on the ground on which the claim had been repudiated.

(2.) The District Forum having dismissed the complaint, the complainant approached the concerned State Commission by way of an appeal. Vide impugned order dated 08.11.2017, the State Commission allowed the appeal relying upon several decisions including the decision of this Commission in Oriental Insurance Company Limited Vs. Laxmegowda, (2017) 4 CPR 129 (NC). Being aggrieved, the petitioner insurer is before this Commission.

(3.) The contention of the learned counsel for the petitioner is that the vehicle in question was a Bolero Pick-up goods carriage vehicle and was meant only for carrying goods. Only two passengers including the driver were allowed to travel in the vehicle.