Per Mr.B.S.Wasekar, Hon’ble President 

1)                The complainant has filed this complaint under section 12 of the Consumer Protection Act, 1986. According to the complainant, his Son Nikhil Maruti Rokade was the owner of Bajaj Pulser bearing No.MH-06-AV-4078. He had taken vehicle insurance policy from the O.P. which in force from 27^th August, 2009 to 26^th August, 2010.  On 26^th January, 2010, Nikhil was driving his motor bike on national highway.  He met to accident and died on the spot.  The accident took place due to negligence of the dumper driver.  The claim was submitted to the opponent but the same was repudiated therefore the complainant has filed this complaint for insurance claim of Rs.1 Lakh.  He has claimed compensation of Rs.15,000/- for mental torture and cost of litigation of Rs.15,000/-

2)                The O.P. appeared and filed written statement. The policy is admitted.  It is submitted that the deceased has committed breach of policy.  As per the law, only two passengers are allowed on two wheeler but there were three passengers on the vehicle at the time of accident. The insured himself committed breach of policy therefore the complainant is not entitled for the claim.  The claim was rightly repudiated therefore the complaint is liable to be dismissed with cost.

3)                The matter was fixed for filing affidavit of evidence of both the parties.  The opponent has filed affidavit of evidence along with the copies of documents.  The complainant has not filed his affidavit of evidence however, his affidavit was filed along with the complaint in support of complain therefore, it is taken into consideration. 

4)                The complainant is not attending the Forum since 30^th April, 2014.  Therefore, argument of learned advocate for the opponent is heard.  After going through the record, following points arise for our consideration. 

POINTS

REASONS

5) As to Point No.1 & 2 :-  The policy is not disputed.  According to the opponent, as per the law only two passengers are allowed on two wheeler. The deceased was driving the vehicle along with three passengers.  The deceased has committed breach of the terms of policy therefore the complainant is not entitled for the relief as prayed. The complainant himself has produced copies of police investigation on record.  On perusal of it, it is clear that the deceased was driving the vehicle.  There were three passengers on the vehicle.  As per rule, only two passengers are allowed on two wheeler.  As there were three passengers on the vehicle at the time of accident, the deceased has committed breach of terms of the policy.  The complaint is for the claim of the deceased who was driving the vehicle along with three passengers. As there is breach of the terms of policy, the opponent is not liable to satisfy the claim of the complainant. Therefore, the complainant is not entitled for the relief as claimed.  Hence, the following order.

ORDER

1. Complaint stands dismissed.
2. Parties are left to bear their own costs.
3. Inform the parties accordingly.

Dictated & Pronounced on

Dated 17^th June, 2014