Violation of insurance policy conditions and usage of the vehicle as a taxi led to the dismissal of the insurance claim.

ORDER

S.C. Vyas, President - This appeal is directed against order dated 7.3.2009, passed by District Consumer Disputes Redressal Forum, Durg (hereinafter called "District Forum" for short) passed in complaint case No. 315/08, whereby the complaint of the appellant herein has been dismissed on the ground that the conditions of the policy were violated, so the complainant is not entitled for getting any compensation for damages to the insured vehicle in a road accident.

2. Facts of the case are that the appellant herein is the registered owner of vehicle Mahindra Scorpio bearing registration No. CG-07-M-1657, which was insured with the respondent for the period from 23.12.2007 to 22.12.2008. As per the case of the complainant, on 20.1.2008 the vehicle met a road accident with a bullock-cart. In that accident some persons suffered injuries and some lost their lives. The incident was intimated to the Insurance Company who appointed a Surveyor to assess the loss. Investigation was also conducted by someone. Ultimately, the Insurance Company repudiated the claim on the ground that the vehicle was used as taxi, though it was insured as private vehicle. The driver of the vehicle was also not having licence for driving a transport vehicle and the vehicle was overloaded, as 23 persons were travelling on hire in that vehicle. The appellant herein then filed a complaint before District Forum claiming compensation for damages to the vehicle.

3. In the written version the Insurance Company reiterated the same defence which was taken at the time of repudiation of claim.

4. Learned District Forum after having considered the material placed before it, dismissed the complaint holding that the vehicle was used as taxi and it was also overloaded. It was also held that the driver was not having valid licence.

5. We have gone through the record of the District Forum and considered the arguments advanced by both parties.

6. Learned Counsel for the appellant submitted that no cogent evidence has been produced by the Insurance Company to prove that the vehicle was either overloaded or was being used on hire for transporting passengers. It has also been argued that as there was no evidence of hiring the vehicle and as the driver was having licence of LMV, so he was competent to drive the questioned vehicle. Whereas learned Counsel for the Insurance Company submitted that the impugned order is just and proper and submitted that on the basis of admission of the complainant itself it is proved that the vehicle was used for hire as taxi and FIR shows that 23 persons were travelling in the vehicle.

7. In support of the claim of the complainant, affidavit of claimant Ku. Kanta Ekka, has been produced, whereas in support of the defence of the Insurance Company one B.C. Behra, Divisional Manager, of the company has filed his affidavit. Apart from these two affidavits, documentary evidence has been filed by both of the parties. In the record copy of FIR (Annexure A-4) is available. FIR was firstly recorded as Dehati Nalsi, which is Annexure A-5. This report was lodged by one of the passengers of the vehicle namely Uttara Kumar S/o Ram Khilawan. He has given information to the police that he and other persons of the nearby village, total number of 23 persons including the driver, had gone in the questioned vehicle for Devi Darshan and while coming back after Darshan, road accident happened and the vehicle collided with a bullock-cart. The driver of the vehicle died at spot. Many persons suffered injuries. On the basis of this Dehati Nalsi, FIR was recorded by the police and the matter was investigated. Ultimately final report was filed before a competent Court seeking permission for closing the case against the driver, who had already died. This report shows that around 23 passengers were being transported in the vehicle in question, at the relevant time. The copy of policy Ex. Dl shows that permissible number of persons, who can travel in the vehicle, was only nine.