BEFORE THE HYDERABAD

F.A.No.1142 OF 2008 AGAINST C.D.No.59 OF 2007 DISTRICT FORUM NALGONDA

Between:

M/s The New India Assurance Co. Ltd.,
Branch Office, Prakasham Bazar,
Nalgonda rep. by its Branch Manager

A N D

M/s Sahiti Trading Corporation, Sri E.Mohan Reddy  

Counsel for the Appellant            

Counsel for the Respondent

AND

SRI R.LAKSHMINARASIMHA RAO, HON’BLE MEMBER

.

THURSDAY THE TWENTY SEVENTH DAY OF JANUARY,

TWO THOUSAND ELEVEN

Oral Order (As per Sri R.Lakshminarasimha Rao, Hon’ble Member)

                                       1.    

2.             `1,10,000/- towards the repair of the vehicle.    

3.        `39,500/-.   

4.      

5.    `39,500/- to the complainant.

6.     

7.    

8.       `1,10,000/- stated to have been incurred for getting the vehicle repaired.  

9.    `39,500/-.   

10.     

11.   II (1996) CPJ 28 (SC)held that carrying of two or more persons than the permitted capacity in the insured vehicle cannot be considered as a fundamental breach of the terms of the insurance policy. 

It is plain from the terms of themental in nature so as to put an end to the contract, unless some factors existed which, by themselves, had gone to contribute to the causing of the accident. In the instant case, however, we find no such contributory factor.

11.     `39,500/- as assessed by its surveyor and the repudiation of the policy as such constitute deficiency in service on the part of the opposite party insurance company.  

12.    

                                                                                                                                                      KMK*