BHARAT BHUSHAN GOEL Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) At the outset, learned Counsel for the parties are agreed that since the claim, preferred by the Petitioner/Complainant for indemnification of the loss suffered by him on account of the accident of the vehicle in question, namely, Mahindra Max Pick Up, registered as a goods carrier, has all through been examined and considered by the Respondent/Insurance Company as also by both the Fora below on the touchstone of the principles to be applied for adjudication of the claim on non-standard basis, without going into the nexus theory, as enunciated by the Hon 'ble Supreme Court in its decision in Lakhmi Chand Vs. Reliance General Insurance, (2016) 3 SCC 100, the claim in question may be referred back to the Insurance Company for its reconsideration in terms of the ratio of the said decision, particularly when apparently there is no evidence on record to establish that overloading of the vehicle was the cause of the incident.