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G.G.SOHANI, MURARI LAL TIWARI, SAROJ RAJWADE
RAKESH SHARMAZ – Appellant
Versus
NATIONAL INSURANCE CO. LTD. – Respondent


Counsel for the Parties :
For the Appellant :Mr. P.C. Gupta, Advocate.
For the Respondents:Mr. P.T. Hingorani & Mr. Hemant Sharma, Advocates.

ORDER

Mr. Justice G.G. Sohani, President — The appeal is directed against the order dated 2.11.93 passed by the District Forum, Gwalior in Case No. 306/93.

2. The appeal arises out of a complaint filed by the appellant. Briefly the complainant's case was that a jeep belonging to the complainant was insured with the opponent, that during the period the policy of insurance was in force the jeep met with an accident and the claim for compensation in terms the police made by the complainant was repudiated by the opponent-Insurance Company. The complainant therefore filed this complaint. The claim was resisted by the opponents mainly on the ground that at the material time the jeep was not used for a purpose covered by the insurance policy. It was contended that the clause regarding limitations as to use specifically provided that the policy did not cover use for hire. It was averred that on investigation by the Investigator appointed by the opponents it was found that at the material time the jeep in question was hired by one Dr. Agrawal and it was during the period of hire that the jeep met with an accident. It was, therefore, contended that as the policy specifically provided that the





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