RAKHI SONI Vs. BRANCH MANAGER

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Smt. Rakhi Soni against the order dated 09.10.2014 of the State Consumer Disputes Redressal Commission, Chhattisgarh, (in short 'the State Commission') passed in Appeal No.FA/13/641.

(2.) Brief facts of the case are that the petitioner/complainant is the owner of an Inova vehicle bearing registration No.J.H.B-4911, which was insured with the respondent/opposite party for the period from 04.02.2011 to 03.02.2012 and the Insured Declared Value of the vehicle was Rs.8,31,250/-. On 01.06.2011 while the vehicle was returning from village Anpara then near village Kunwari one dumper bearing registration No.U.P.64-E-9761 dashed the vehicle in question. At that time the vehicle was being driven by its driver negligently and rashly. In the accident, three persons died and some persons sustained injuries. Due to the accident, the vehicle in question suffered total loss. The matter was reported to Police Station, Pipri, District Sonbhadra (U.P.). Thereafter the injured persons and Legal Heirs of the deceased have filed claim case before the Motor Accident Claims Tribunal and the petitioner/complainant obtained an estimate for Rs.11,62,347/- for the repairing work of the vehicle in question. The respondent/opposite party also appointed a spot surveyor for survey and for assessment of loss to the vehicle in question. Thereafter the petitioner/complainant submitted her claim before the respondent/opposite party but the respondent/opposite party repudiated her claim. Hence the petitioner/complainant filed this complaint before the District Forum and prayed for granting reliefs as mentioned in the complaint. The respondent/opposite party filed written statement before the District Forum and denied the allegations made against it. The respondent/opposite party pleaded that the vehicle in question was returning from village Anpara with Barati and at that time the driver of the vehicle in question was driving the vehicle negligently and rashly and a dumper bearing registration No.U.P.64-E-9761 dashed the vehicle. Three persons died in the accident and some other persons sustained injuries. The vehicle in question was being driven as taxi in violation of the terms and conditions of the insurance policy. The respondent/opposite party appointed surveyor, who has assessed the loss to the tune of Rs.6,31,250/-, but the petitioner/complainant is not entitled for getting any compensation because she violated the terms and conditions of the insurance policy. Therefore, her claim was rightly repudiated by the respondent/opposite party. The complaint is liable to be dismissed. District Forum vide its order dated 29.10.2013 dismissed the complaint.

(3.) Aggrieved by the order of the District Forum dated 29.10.2013, complainant preferred appeal bearing No.FA/13/641 before the State Commission and the State Commission also dismissed the appeal.