Reliance General Insurance Co. Ltd vs Sh. Naveen Sharma on 4 April, 2013
10.
After
hearing the learned counsel for the parties and going through the record of the
case file, we are of the considered view that the judgment of the Learned Fora
below is not legally sustainable and deserves to be set aside. Reason being, that in the present case, the judgment of the Apex
Court given in Amlandu Sahoo Vs. Oriental Insurance Company, 2010 (1) CPC 653 had
been wrongly made applicable by granting the claim on non-standard basis,
whereas, in the present case there is fundamental breach of the terms and
conditions of the policy since the driver who was on the wheel of the vehicle
at that relevant time was driving the Medium Goods Vehicle, which fact is
clearly evident from the registration certificate Annexure-A and laden weight
of this vehicle is 8000 kg. Since as per
the judgment relied upon by the counsel for the appellant titled United
India Insurance Company Ltd. Vs. Ved Prakash III(2010) CPJ 52(NC) , only gross
weight of the vehicle is to be seen and not unladen
weight for determining the nature of the vehicle.