A.K.ANNAMALAI, J - (1.) The opposite party is the appellant.
(2.) The complainant/respondent filed a complaint against the opposite party claiming a sum of Rs.41,358/- with 18% interest or alternatively return of premium Rs.45,076/- for 3 years from 31.3.05 and Rs.50,000/- towards damages for mental agony and inconvenience, hardship caused and for the cost.
(3.) The complainant owning a car registration No.TN 45 R 5625 as a Tourist Motor Car, but it was used for private purpose and obtained an insurance policy from the opposite party for the period from 22.4.2002 to 21.4.2003 and renewed for subsequent years. The car was met with an accident on 13.3.05 and after due intimation, the complainant claimed a sum of Rs.41,358/- for the repairs he spent from the opposite party and the opposite party repudiated the claim stating that the car was used as commercial purpose, but insured only as a private car. Opposite party before the District Forum filed the version and in which it was stated the car was registered as Tourist Taxi with the endorsement were made by RTO for the same and it was not meant for personal use it was made only to avoid tax payable to the Government. The complainant failed to make necessary amendment in the policy or for fresh policy with correct nature of use of car and the opposite party need not pay any claim amount, since there was a violation of conditions of the policy.;