Mr. Justice S.A. Shah, President—The appellant is the original complainant who is owning a rikshaw which met with an accident resulting into damage to his vehicle. The District Forum has dismissed the complaint on the ground that the driver of the rikshaw has taken additional passengers which was in violation of the policy conditions and, therefore, the Insurance Company was not liable to make any payment of the damages. There appears to be no dispute regarding the damages caused. The appellant states that he has himself reduced the claim and has only prayed for the damages which have been accepted by the other side as damages to his vehicle.

2. 2. Mr. Vakharia the learned Advocate appearing on behalf of the Respondent submits that the complainant has committed breach of the policy conditions and, therefore, the Company is not liable for any damage and supports the judgement given by the District Forum.

3. There is no dispute that the rikshaw is owned by the appellant which was given to his driver. It also appears that the driver has taken additional passengers in breach of one of the conditions of the policy. However, we have held in Complaint No. 131/91 in the case of Jagdish