vehicle was overloaded whereas this averment was
never made in the reply and as such there was no occasion for
overloading the vehicle. Further ... Respondent/OP that on the date of accident, the vehicle was
overloaded whereas no such averment had been made by the
Respondent
company has not repudiated
the claim on the ground of overloading of the vehicle, so the legal
ground that five persons were travelling ... deceased - late Gopal Singh Rautela,
wherein the ground of overloading of the vehicle was not proved and
compensation was allowed to the legal heir
said vehicle was being driven by its
previous driver Bhajan Singh, got the vehicle loaded with coal and
negligently left the vehicle at Ambedkar Chowk ... vehicle was revised and endorsed in
the policy document also, hence it cannot be said the insured vehicle was
overloaded at the time of accident
repudiated the
claim of the complainant on the ground of overloading of the vehicle,
which amounts to deficiency in service and unfair trade practice ... that learned District
Commission has ignored the plea of overloading of the vehicle at the
time of the accident and has not considered that
repudiated vide letter dated
3.12.2014, on the ground that the vehicle was overloaded at the
material time. Therefore, alleging deficiency in service against
the Insurance ... basis of
contravention of Section 113 of Motor Vehicles Act (which deals
with overloading) and hence violation of policy condition, which
stipulates to safeguard
their
investigation it has been transpired that due to the overload of the
vehicle, RTO seized the vehicle, documents and keys of the vehicle.
Therefore ... investigation it has been noticed
that the driver has took overloaded vehicle thereby concerned RTO
imposed heavy penalty and documents and keys of the vehicles
vehicle got unbalanced and fell in Khai". As there was
overloading of vehicle due to sitting of persons against the seating capacity,
therefore, breach ... duly
repudiated on the basis of the survey report and the vehicle was overloaded
which was against the terms and conditions of the policy
registered owner of vehicle
bearing registration No. UA04-B-2628. The permit of the vehicle was
valid upto 26.03.2015 and the vehicle was being plied ... report, who have found that at the time of accident, the vehicle was
overloaded and the owner of the vehicle has given false information
insurance company that the vehicle met with an
accident while carrying bajari/grit of 12950 kgs and the
vehicle was overloaded more than ... witness Darshan
Singh DM of opposite party/insurance company
that the vehicle was overloaded with Bajari/grit
and accident has caused due to overloading
complainant to prove manufacturing defect.
The complainant used the vehicle by overloading the same.
According to norms, vehicle can carry 3565 kilograms load,
but complainant ... overloaded the vehicle against its capacity.
Complainant agreed to return the vehicle on the basis of not
like and had not alleged any manufacturing defect
