carrying 80 passengers and the cause of the accident was
overloading of the vehicle and on this ground, the claim of the
complainant was repudiated ... observing that
the accident took place not on account of overloading of the vehicle,
but on account of the reason that at the place
about the overloading. It was
noticed that overloading causes significant
2
damage
to the road surface and also cause pollution. Even overloaded
vehicles
are safety ... where so much overloading was noticed, the Insurance Company was
justified in repudiating the claim of the Complainant. Where the
overloaded vehicles are safety hazards
traveling in
the vehicles whereas sitting capacity of the vehicle was only three and
// 3 //
thus the vehicle in question was overloaded ... sitting
capacity, were traveling in the vehicle, so it can not be held that vehicle
was very much overloaded and this has became cause
show that the
vehicle was having inherent defect or require any extensive repair. The vehicle
was purchased on 29.7.2008 and the vehicle was used ... complainant and the alleged defects might be occurred because of
overloading the vehicle, rough use and also not with the prescribed air in the
tyres
maxi cab
bearing registration No. UA07-N-1847. The said vehicle was
comprehensively insured with The Oriental Insurance Company
Limited for the period from ... justification of the
repudiation of the claim is that the said vehicle was overloaded at the
time of the accident. Learned counsel for the appellant
show that the
vehicle was having inherent defect or require any extensive repair. The vehicle
was purchased on 29.7.2008 and the vehicle was used ... complainant and the alleged defects might be occurred because of
overloading the vehicle, rough use and also not with the prescribed air in the
tyres
policy since the driver of the vehicle lost control over the steering of the
vehicle due to the overload of the passenger.
3. The appellant ... vehicle and dashed from behind to the vehicle proceeding in front of the
vehicle in question. The driver of the
vehicle was not sent
insurance company can repudiate the claims in
a case where the vehicle carrying passengers
and the driver did not have a proper driving
licence ... Appeal No.1549 of 2006. 7
amount, whichever is
higher.
(ii) Overloading of vehicles Pay claims not
beyond licensed carrying exceeding 75% of
capacity admissible
Military Vehicle with
Artirally and driver of the Military vehicle burnt alive.
It is quite evident that the insured has overruled the
MV Act , traffic ... struck the truck with the military truck and the
insured vehicle burnt because of overloading. Therefore, the case of the
respondent clearly fell
well
settled that in case of theft of vehicle, nature of use of
the vehicle cannot be looked into and the insurance
company cannot repudiate ... claim or
deduct 25% of claim
amount, whichever is
higher.
(ii) Overloading of vehicles Pay claims not
beyond licensed carrying exceeding 75% of
capacity admissible
