LAWS(NCD)-2009-2-64

NEW INDIA ASSURANCE CO. LTD. Vs. WAKIL AHMAD

Decided On February 19, 2009
NEW INDIA ASSURANCE CO. LTD. Appellant
V/S
Wakil Ahmad Respondents

JUDGEMENT

(1.) PETITIONER was the opposite party before the District Forum, where the respondent/complainant filed a complaint alleging deficiency in service on the part of the petitioner Insurance Company.

(2.) VERY briefly stated the facts of the case are that the respondent/complainant had insured his vehicle with the petitioner for the period from 7.3.1996 to 6.3.1997 which met with an accident. The matter was reported to the Police. The respondent got the vehicle repaired after incurring an expenditure of Rs. 82,661 and filed his claim along with bills for refund of this amount, which was repudiated on the ground that the vehicle which was meant for carrying goods, but it was found to be carrying passengers, thus, violated the terms of the policy. It is in these circumstances, a complaint was filed before the District Forum, who allowed the complaint and directed the petitioner to pay Rs. 82,661 along with interest @ 12% p.a., from 10.6.1996 till the date of realisation. Aggrieved by this order, an appeal was filed before the State Commission, which was dismissed by the State Commission relying upon the order of the District Forum, which had relied upon the order of State Commission in the case of United India Insurance Co. Ltd. Narasaraopet and Anr. v. Syed Bude and State Commission had passed that order relying upon the judgment of the Hon'ble Supreme Court in the case of B.V. Rangaraju v. M/s. Orient Insurance Co. Ltd. Aggrieved by this order this revision petition has been filed before us.

(3.) THE basic facts are not in dispute that the vehicle was a goods carrier whereas at the time of accident it was carrying 56 persons, some of which were injured during accident. This is a clear case of violation of the conditions of the Policy.