SHOBHA RANI Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) AGAINST the repudiation of the insurance claim against Fire Insurance Policy, the appelllant filed a complaint before District Forum. The complaint was summarily dismissed vide impugned order dated 10.3.2004 on wholly erroneous ground. The District Forum was not clear about the concept of commercial purposes. Service by way of insurance even if taken by a commercial organisation does not come within the commercial purposes. Had the appellant availed the servcie of insurance for the purpose of further transmission of the said service to earn profit only then the purpose would have been commercial. In future the District Forum shall keep this concept of commercial purposes in mind. The impugned order suffers from inherent infirmity and is hereby set aside the matter is sent back to the District Forum for deciding it afresh on merit.

(2.) THE appellant shall appear before the District Forum on 10.3.2006 for the aforesaid purposes.

(3.) THE appeal is disposed on in above terms. Bank Guarantee/FDR, if any, furnished by the appellant be returned forthwith.