ORDER :

Surjit Singh, President (Oral)

Appellant is aggrieved by the order dated 22.3.2013 of learned District Consumer Disputes Redressal Forum, Kullu, whereby a complaint, under Section 12 of the Consumer Protection Act, 1986, has been allowed and a direction issued to it (the appellant) to pay a sum of Rs. 2,65,559, with interest @ 9% per annum on account of insurance money, Rs. 2,500 as compensation and a sum of Rs. 2,000 as litigation expenses.

2. Respondent-Sher Singh owned a light goods carrying vehicle, which was insured with the appellant for the period from 25.3.2011 to 24.3.2012. Vehicle met with an accident on 12.12.2011 and as per allegation in the complaint, it was completely damaged. Accident was reported to the appellant. A Surveyor was deputed, who assessed the loss at Rs. 2,65,559. Claim was repudiated, inter alia, on the ground that against the prescribed capacity of two persons, nine persons were on board of the vehicle at the time when the accident took place and, thus, there was flagrant breach of the condition of the policy, that the appellant was to use of the vehicle only under a permit within the meaning of Motor Vehicles Act, 1988, and that since the permit,