ORIENTAL INSURANCE COMPANY LIMITED Vs. RAJ KUMAR GUPTA

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 21.12.1998 passed by the District Forum, Aligarh in Complaint Case No.274/97. The facts of the case stated in brief are that the complainant had got his truck No. UGE 708 insured in comprehensive manner for an amount of Rs.2,00,000/- with Oriental Insurance Company Limited on 27.6.1995. On 2.12.1995 this truck met with an accident and got damaged and it was a total loss. He made a claim to the Insurance Company for payment of the amount but the same was not done. Therefore he filed a complaint for recovery of Rs.2 Lacs as damages and Rs.20,000/-as compensation and Rs.5,000/-as cost.

(2.) The opposite party filed a written statement admitting the insurance of the vehicle and alleged during the survey it was found that 13 persons were travelling in the truck at the time of accident while only five persons could have travelled in the truck. On account of over-loading the truck met with an accident and hence the claim was repudiated.

(3.) The learned District Forum, after considering the evidence on record, came to the conclusion that the travelling by six more persons had no effect on the accident and the accident was not caused on account of six more persons travelling by the same truck. It, therefore, awarded the insurance amount, damages and cost.