THE NEW INDIA ASSURANCE COMPANY LTD. Vs. ASHWINI UTTAM SHINDE AND ORS.

JUDGEMENT

(1.) Being aggrieved by the order passed in consumer complaint bearing No. 586/09 by District Consumer Disputes Redressal Forum, Solapur on 06/01/2011, original opponent. The New India Assurance Co. Ltd. has filed present appeal. By the order under challenge the learned District Forum has directed the opponent/present appellant to pay an amount of Rs. 7,73,750/ - with interest @ 9% p.a. from 21/10/2008 till realizations of amount. The opponent/appellant is further directed to pay an amount of Rs. 2,000/ - towards costs to the complainant/consumer. The opponent was further directed to pay the amounts as per direction within 30 days from the date of the order.

(2.) Facts giving rise to the appeal are as under: -

(3.) The insurance company had denied the complaint by filing written statement. It is admitted that MH 45 0110 was insured by the insurance company for the period 05/08/2005 to 04/08/2006. The tanker was goods vehicle and it was insured under Goods Carrying Commercial Package Insurance. While issuing the policy, certain conditions were imposed. The insured tanker met with an accident on 26/06/2006. After getting the information of the accident, surveyor was appointed. Surveyor, Utpal Sharma did survey of spot. The officer of the company, namely, Pratap Deshmukh, did investigation. During investigation, it was revealed that deceased Uttam was carrying 4 passengers through tanker illegally. As per registration certificate, only tanker driver was allowed to travel through tanker. In contravention of the registration and permit, 5 persons were illegally travelling through tanker at the time of an accident. Due to breach of policy conditions, the claim was liable to be rejected. Surveyor made assessment of Rs. 7,73,650/ - on total loss basis of the tanker. The complainants are not entitled to claim under the insurance policy and therefore, the complainant is liable to be rejected with costs according to the opponent.