National Consumer Disputes Redressal
S.G Shivamurtheppa vs Reliance General Insurance Co. Ltd. on 28 November, 2011
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 3176 OF 2011 (From the order dated 17.03.2011 in Appeal no. 2925 of 2010 of the Karnataka State Consumer Disputes Redressal Commission, Bangalore) S.G. Shivamurtheppa Son of Channabasappa Itagi Village, Hoovinahadagali Taluk Petitioner Bellary District, Karnataka State versus Reliance General Insurance Co. Ltd. Regional Office, East Wing, 5th Floor Respondent Centenary Building, M. G. Road Bangalore, Karnataka BEFORE: HONBLE MR. ANUPAM DASGUPTA PRESIDING MEMBER For the Petitioner Mrs. K. V. Bharathi Upadhyaya & Mr. Ashwin V. Kotemath, Advocates Pronounced on 28th November, 2011 O R D E R
ANUPAM DASGUPTA This revision petition challenges the order dated 17.03.2011 of the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, the State Commission) in appeal no. 2925 of 2010. By this order, the State Commission allowed the appeal of the respondent/opposite party (OP) Insurance Company and set aside the order dated 11.06.2010 passed by the District Consumer Disputes Redressal Forum, Bellary (in short, the District Forum) by which the District Forum had partly allowed the complaint.
2. I have heard the learned counsel for the petitioner/complainant. By its letter dated 07.10.2009, the respondent Insurance Company repudiated the claim of the petitioner/complainant for indemnification of the loss due to damage of his motor vehicle which met with an accident on 27.04.2009. The ground cited by the respondent for repudiation of the claim was as under:
The said goods carrying vehicle was registered for twelve in all seating capacity. It has been gathered and also confirmed in the police complaint that at the time of accident there eighteen people travelling in the above-mentioned vehicle. This exceeds the seating capacity of the vehicle and is a violation of limitation to use clause (pl. refer no. 3 of the said clause), which states that:
The policy does not cover:
Use for carrying passengers in the vehicles; except employees (other than the driver) not exceeding the number permitted in the registration document and coming under the purview of Workmens Compensation Act, 1923.
3. Moreover, during the hearing, the learned counsel for the petitioner did not dispute that the motor vehicle was registered for carriage of passengers not exceeding to 12 (including the driver) and at the time of accident the vehicle was instead carrying 16 persons. Therefore, there was an explicit and admitted violation of one of the conditions of the insurance policy as rightly pointed out in the letter of repudiation of the claim issued by the Insurance Company.
4. In view of the foregoing, the impugned order of the State Commission is substantively valid to the extent it has set aside the order of the District Forum allowing the insurance claim of the petitioner/complainant and dismissed the complaint.
5. The revision petition, is therefore, dismissed with no order as to cost.
Sd/-
[Anupam Dasgupta ] satish