Complainant/petitioner got his commercial vehicle Tourist Taxi insured as a private car in the year 2002.  The insurance was renewed from time to time up to 2005.  The car met with an accident from 13.3.2005.  Petitioner informed the respondent about the accident and later on filed a claim for Rs.41,358/- towards the amount spent by him on the repairs of the said car.  Respondent repudiated the claim on the ground that although the insurance was taken for the car as a private vehicle, the respondent was using the same as commercial vehicle.  Petitioner, being aggrieved, filed the complaint before the District Forum.

        District Forum allowed the complaint and directed the respondent to pay the sum of Rs.41,358/- towards the repair charges and Rs.30,000/- as compensation for monetary loss and mental agony. 

        Respondent, being aggrieved, filed the appeal before the State Commission, which has been dismissed with the following observations :

“Hence it is very clear that the complainant obtained policy for the private care even though the car was registered as contract carriage as Tourist Taxi and thereby he cannot claim the benefits by violation of terms and conditions of the policy and in the circumstances, the order passed by the District Forum is liable to be set aside and the appeal deserves to be allowed.”

        We agree with the view taken by the State Commission.  Petitioner took the policy for a private car even though the car was being used as a Taxi in violation of the terms of the policy.  Petitioner, under the circumstances, is not entitled to be reimbursed for the loss suffered by him.  Dismissed.