JUDGMENT

Ganguly, J. —

1.Leave granted.

2.This appeal has been filed challenging the judgment and order dated 13.10.2008 of the National Consumer Disputes Redressal Commission (hereinafter, ‘National Commission’) which upheld the concurrent finding of the District and State Consumer Forums that the car at the time of the accident was being driven on hire and was outside the scope of the insurance policy.

3.The appellant who is the original complainant had taken a comprehensive insurance policy in respect of his private car being No. WB-34C/1919 vide policy No.311701/3/99/7172 of 1999 and the complainant paid the insurance premium duly.

4.As per the complainant, United Bank of India’s regional office is his tenant and many of its employees are known to him. One of its employees had approached the complainant to hand over the aforesaid vehicle for a few hours for urgent use by the employees of the Bank. The complainant handed the aforesaid vehicle by way of a good gesture and did not take any rent from the Bank in this regard. The vehicle met with an accident during the subsistence of the policy.

5.The complainant had lodged a claim before the respondent but it refused to allow the claim i