V.K. Jain, Presiding Member—The complainant/petitioner hired a vehicle bearing registration no. MH-15-CK-412, for transporting eggs. On 15.07.2014, when the said truck with eggs loaded on it, reached near Village Dasia, a blue-bull came in front of the truck carrying eggs. The driver tried to avoid hitting the animal and in the process, the vehicle over turned, thereby damaging eggs worth Rs.4,97,310/-. Since the said goods had been insured by the petitioner with the respondent, a claim for re-imbursement in terms of the said insurance policy was lodged. The claim however, was repudiated vide e-mail dated 11.08.2014 which, to the extent it is relevant, reads as under:—

“We received surveyor report in this claim. We found overloading in this subject loaded consignment vehicle.

Policy is having condition in for overloading which is read as “It is a condition of policy that weight of cargo should not exceed registered capacity of vehicle.”

In Kg.
Gross vehicle weight	11900
Unladen Weight	4790
Loading capacity	71