Date of filing :28.02.2020 Date of order :16.05.2023 MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL COMMISSION,MUMBAI, BENCH AT AURANGABAD.

FIRST APPEAL NO. : 336 OF 2020 IN COMPLAINT CASE NO.: 1258 OF 2018 DISTRICT CONSUMER FORUM : NANDED.

Br.Manager, National Insurance Company Ltd,.

Nanded Division, Guru Govind Singh Market, Nagina Ghat road, Nanded. APPELLANT VERSUS Vikas s/o Shrirang Gajbhare, R/o House No. 1-14-265, Pournima Nagar, Nanded. RESPONDENT CORAM :Smt.S.T.Barne, Hon’ble Judicial Member.

Mr.K.M.Lawande, Hon’ble Member.

Present : Adv.V.R.Mundada for appellant, Adv. G.G.Suryawanshi for respondent.

J U D G M E N T

(Delivered on 16/05/2023)

Per Smt.S.T.Barne, Hon’ble Presiding Judicial Member.

1. The appellant National Insurance Company Ltd,. has preferred this appeal against the judgment and order in C.C.No.1258/2018 decided by District Consumer Commission on 24.10.2019. The appellant is the opponent and one Vikas Shrirang Gajbhare is the complainant in the original consumer complaint. The parties are hereinafter referred as per their status in the consumer complaint.

2. It is the case of complainant that he is resident of Nanded, Dist.Nanded having zest motor car of TATA company bearing registration no. MH-26-AK-7453. Said car is insured with opponent insurance company for the period of 21.11.2017 to 20.11.2018. On 07.05.2018 one Laxman Thakur along with his friends had been to attend the marriage ceremony at Nanded via Loha. At about 11.15 a.m. when they reached near Derla near petrol pump it was caught in traffic jam. There were Scorpio jeep in front of his car & a car in front of Scorpio jeep and one truck was standing ahead said car. At that time one bus bearing registration no. MH-20-BL-3520 came with high speed and driver of said bus gave dash to his car from back side. Therefore, his vehicle dashed against Scropio car which was standing in front of his car. In this accident his car was damaged from front side as well as back side. Thus, car was damaged to the extent of Rs.50,000/- The Scropio car which was in front of Scropio car were also sustained damaged. Intimation of this accident was given to insurance company. Thereafter, the investigator of insurance company has inspected car and suggested him to take car to Bafna Motors for repairing. Said Bafna Motors has inquired with the complainant as to whether the car is being runn on rent or it is being used for personal use. Accordingly, the complainant has mentioned in the form that said car was being used for personal use and said form was submitted to Bafna Motors. Without making inquiry with Bafna Motors to that effect the opponent insurance company has rejected the claim of complainant.

3. It is the contention of complainant that, if the investigator of opponent would have intimated to the complainant that there is breach of policy condition, he would have taken the car to another ordinary mechanic for repairing. As the investigator told the complainant to take the car to Bafna Motors for repairing, the complainant has sustained financial loss. When the information of this accident was given to Sonkhed Police Station the police have recorded the statement of complainant and recorded in it that the complainant is running the said vehicle on rent for livelihood. In fact, the complainant is not doing any such business and on the relevant time car was taken by him with his friend Laxman Thakur at Sanguchiwadi to attend the marriage of their friend. It is further alleged by the complainant that the complainant has sustained loss of Rs. 90,000/- to repair his car in the said accident. Therefore, he has submitted claim to the opponent on 17.07.2018 and it is still not decided by the opponent insurance company. When the complainant made inquiry with opponent he was told that he will not get the insurance benefit as he was running the car on rent basis and committed breach of policy condition. Hence, the complainant has filed consumer complaint and claimed Rs. 90,063/- tow