PER JUSTICE J.M. MALIK

1.      Counsel for the petitioner heard.  The accident took place on 04.01.2009.  The vehicle was overturned and it was damaged.  The main question is whether the Insurance Company had charged the premium for

 overturning of the vehicle or not?   There is not even an iota of evidence that they did not charge amount for overturning the vehicle. 

2.      The State Commission has given the details of the policy, which clearly go to show that special discount was not given. An amount of Rs. 14,222/- and Rs. 1,758/-, total being Rs. 15,980/- was taken from the insured.  There is no inkling that no amount was charged for overturning of the vehicle.  Counsel for the petitioner submits that because the premium was not charged, therefore, this fact does not find mention anywhere.  This is an act of the petitioner-Insurance Company, which is below the belt.  They should have made the proposal form clearly, specifically and unequivocally.  All the columns should have been specifically mentioned. All the assumptions entertained by the counsel for the petitioner are wet.  There is no indication that less premium was charged from the complainant.  Why the insured should be kept in dark.  It should have been specifically written in the policy that no premium for overturning the vehicle was charged or was charged.  How one can assume that one has to give separate premium for overturning.  It is obvious that all kinds of accident including overturning of the vehicle stands included in the policy.

 3.      No ground.  Dismissed.