JUDGMENT :

Madhuresh Prasad, J.

The petitioner seeks a direction to the respondent- Insurance Company to pay the insured amount as per award of the Insurance Ombudsman, Patna, dated 13-09-2019 bearing No. I0/PAT/GI/0031/2019-2020 in respect of the petitioner’s claim under Insurance Policy No. 332402/31/2017/2061 arising on account of accident of the insured vehicle (truck).

2. Shorn of unnecessary details, the brief facts are that the petitioner is owner of the truck bearing Registration No. JH10 AL/2281, Engine No-B5918032B1G63335816, Chassis No. MAT 466388D2G08191. The truck is a Tata LPT 3118 TC. Vehicle insured under Policy No. 332402/31/2017/2061.The truck met with an accident. The petitioner submitted a claim for full damage of the truck. The respondent-Insurance Company wrote to the petitioner alleging that since one Srikant Kumar was travelling in the truck, at the time of accident, even though it was a goods carriage truck, therefore, the petitioner was asked as to why not his claim be not repudiated due to violation of Policy terms in respect of “Limitation as to use”.

3. The petitioner, on the other hand, asserted that the person, who was travelling in the vehicle, at the ti