IMPORTANT POINT
Where vehicle of complainant comprehensively insured met with an accident and where permitted capacity of vehicle was 9 passengers + 1 driver at time of incident but same was overloaded and 15 persons were travelling in said vehicle for hire and reward then in that case claim of complainant was rightly repudiated by Insurance Company.

V.K. Agarwal, President—This appeal under Section 15 of the Consumer Protection Act, 1986 is directed against the order dated 21.9.2006 in complaint No.56/2006 by District Consumer Disputes Redressal Forum, Surguja, Amibkapur (hereinafter called the ‘District Forum’ for short) dismissing the appellant’s complaint.

2. Indisputably, the complainant/appellant is the owner of commander jeep bearing registration No. CG-15-B/0321. It is also not in dispute that the complainant/appellant got the said vehicle comprehensively insured with respondent insurer, covering its risk from 28.3.2004 to 27.3.2005.

3. The averments of the complainant were that when he was going along with his family members to Chagona Dham, village Buddhi Vihar, District -Palamau, Jharkhand on 30.6.2004 the vehicle met with an accident and dashed against tree. It was averred that at the time of accident the vehicle was being driven by Ram Prawesh Vaidh. It was further averred that the said driver had valid and effective driving licence. The complainant further averred that he intimated about the incident to the respondent/insurer and according to instructions received from the respondent/insurer, the vehicle was got repaired by him. It was further averred by the complainant, that he had to incur expenditure of Rs.97,000 in the repairs of the said vehicle, which was verified by the surveyor. However, the surveyor submitted an adverse report to the respondent/insurer. It was further averred that the claim of the complainant was repudiated by the respondent/insurer on 5.8.2005. Aggrieved by the repudiation as above, the complainant filed the complaint before the District Forum, claiming compensation of Rs.97,000 with interest and cost.

4. The complaint was resisted by the respondent/insurer. It was averred that the vehicle was registered as a private vehicle, but it was being plied for hire and reward in contravention to the terms of the policy. It was further averred that the permitted capacity of the said vehicle was 9 passengers + 1 driver, but at the time of accident the same was overloaded and 15 persons were travelling in the said vehicle for hire and reward. It was averred that due to overloading of the vehicle the driver lost control resulting in accident. It was further averred that driver did not possess necessary driving licence for driving passenger vehicle.

5. The District Forum in the impugned order observed that the documents placed on record show that 15 passengers were travelling by the insured vehicle and it was being plied for hire and reward in contravention to the terms of the policy. It was also held that driver did not possess valid licence to drive passenger vehicle. It was, therefore, held that the repudiation as above was proper. The complaint was accordingly

dismissed.

6. Heard the learned counsel for the parties and perused the record.

7. The registration certificate of the vehicle shows that the permitted capacity of the vehicle was 10 including 9 passengers and the driver. It also appears from the report of the surveyor Sudhist Narayan Thakur, marked as Ex. D19. It was mentioned in the FIR that at the time of accident 16 persons were travelling as against the permitted seating capacity of 10 including driver. It also appears that Sudhist Narayan Thakur had conducted survey regarding the accident. In his report dated 10.1.2005, marked as Ex. D19, it was stated that 16 persons were travelling by the said vehicle. It was also stated that accident occurred on account of negligence of driver and his loosing control of the vehicle. It was in report Ex. D 1 by investigator Sanjay Kumar Singh that police authority had recommended that necessary steps for cancellation of driving licence of driver Ram Prawesh Vaidh be also taken. The investigator Sanjay Kumar Singh has also filed his affidavit in support of his report. The First Information Report of police also states that the vehicle was being driven rashly and negligently by the driver an