- (1.) S .C. Vyas, President: 1. This appeal is directed against the order dated 02.05.2011 of District Consumer Disputes Redressal Forum, Raipur (C.G.) (hereinafter called ''District Forum '' for short) in Complaint Case No.191/2010, whereby allowing complaint of the respondent herein, the appellant/Insurance Company has been directed to pay a sum of Rs.2,22,326/ - to the complainant along with interest @ 6% p.a. from the date of filing of the complaint till date of payment and also to pay Rs.5,000/ - as compensation for mental agony and Rs.1,000/ - as cost of litigation on account of damages to the insured vehicle Swaraj Mazda, in a road accident.
(2.) IT is not in dispute that a vehicle Swaraj Mazda bearing No.C.G.04/J -8442 is of the registered ownership of the respondent, Thanwar Yadav and was insured by the appellant Insurance Company for a period between 19.10.2008 to 18.10.2009 as Goods Carrying vehicle and licence carrying capacity including driver was three as per terms of the policy. In nutshell, the complaint of the respondent/complainant before District Forum was that on 13.12.2008, when the vehicle was going back to his village after unloading Paddy crop in the Krishi Upaj Mandi, Mahasamund, then near Chaporadih, it collided against a tree and two labours, who were there in the vehicle died in the accident. Immediately, the incident was reported to the Insurance Company and later on a claim was also preferred by the complainant. Insurance Company appointed a Surveyor, who assessed the loss to the vehicle. As per case of the complainant, loss to the vehicle was to the tune of Rs.3,25,000/ - and Insurance Company is liable to pay that much amount. Claim of the complainant was repudiated by the Insurance Company on the ground that five labours were traveling in the vehicles whereas sitting capacity of the vehicle was only three and thus the vehicle in question was overloaded and it was a violation of the terms of the insurance policy, so the Insurance Company is not liable to pay any compensation. When consumer complaint was filed before the District Forum, then also the same defence was taken by the Insurance Company to deny its liability to pay any amount of compensation to the complainant.
(3.) LEARNED District Forum, did not agree with the defence taken by the Insurance Company and allowed the complaint by the impugned order.;