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2014 Supreme(J&K) 461

M.M.KUMAR, TASHI RABSTAN
United India Insurance Co. Ltd. – Appellant
Versus
Ajay Kumar Sharma – Respondent


Advocates:
For the Appellant :Vishnu Gupta, Advocate
For the Respondents:Naresh Kumar Raina, Advocate

JUDGMENT :

M.M. Kuma; CJ.:-

1. United India Insurance Company Limited is in appeal against the judgment and order dated 23.05.2014 rendered by J & K State Consumer Disputes Redressal Commission at Jammu (far brevity 'Commission') wherein it has been held that the fire incident damaging the vehicle No. JK12-2078 had occurred in the area which was admittedly beyond the permitted area of operation, It, thus, violates the provisions of carriage contract. Accordingly, the claim has been settled on 'Nonstandard Basis'. It has also come on record that the accident had taken place on 14.03.2011 and the permit of the vehicle under reference had expired on 15.05.2010. However, the aforesaid fact has been mitigated by the complainant when he showed that on 05.06.2010 itself, he deposited the renewal fee of Rs. 205A with the competent authority vide GR No. 1826764, although there was no endorsement made on the permit. The question which arose before the Commission was whether in these facts and circumstances, the complainant was entitled to the benefit of insurance cover or not. The Commission has settled the claim on 'Nonstandard Basis' and the final assessment made by the surveyor at Rs. 4.50











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