ORDER

Arun Kumar Goel, President - We have heard learned Counsel for the parties and with their assistance have also examined the record of the case. Vehicle being insured on the date of its accident with the appellant is not in dispute. However, on claim being lodged, it was not settled by the Insurance Company. This resulted in filing of the complaint under Section 12 of the Consumer Protection Act, 1986. Thereafter, when put to notice, stand of the appellant was that vehicle being a transport vehicle was adapted and meant for carriage of goods, passengers could not have been carried in it. Mr. Sharma, learned Counsel for the appellant pointed out that against the capacity of 1+3, there were as many as 7 passengers travelling in the vehicle at the time of accident i.e., 1+6 more persons. Therefore, according to him, impugned order is liable to be set aside on this short ground alone.

2. Alternatively and without conceding he urged that if his first submission falls, in such a situation, after allowing depreciation on the sum insured, the impugned order may be modified by settling the