AHAAR FEEDS Vs. FUTURE GENERALI INDIA INSURANCE COMPANY

JUDGEMENT

(1.) The complainant/petitioner hired a vehicle bearing registration no. MH-15-CK-412, for transporting eggs. On 15.07.2014, when the said truck with eggs loaded on it, reached near Village Dasia, a blue-bull came in front of the truck carrying eggs. The driver tried to avoid hitting the animal and in the process, the vehicle over turned, thereby damaging eggs worth Rs.4,97,310/-. Since the said goods had been insured by the petitioner with the respondent, a claim for re-imbursement in terms of the said insurance policy was lodged. The claim however, was repudiated vide e-mail dated 11.08.2014 which, to the extent it is relevant, reads as under:

(2.) Being aggrieved from the repudiation of the claim, the petitioner/complainant approached the concerned District Forum by way of a Consumer Complaint. The complaint was resisted by the insurer primarily on the grounds on which the claim had been repudiated.

(3.) The District Forum having allowed the complaint, the respondent approached the concerned State Commission by way of an appeal. Vide impugned order dated 24.01.2017, the State Commission allowed the appeal and consequently dismissed the Consumer Complaint. Being aggrieved, the petitioner/complainant is before this Commission.