KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM APPEAL NO:534/2009 JUDGMENT DATED:05..04..2010 PRESENT JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT M.K.George, S/o Kuriakode, Mooppattil House, Edavaka Post, : APPELLANT Kailodi, Mananthavady, Wayana. (By Adv:Sri.S.Reghukumar) Vs. The Branch Manager, New India Assurance Co. Ltd., : RESPONDENT Kalpetta Branch, MGT Bldg; Kalpetta. JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU: PRESIDENT The appellant is the complainant/New India Assurance Company Ltd in CC:108/08 in the file of CDRF, Wayanad. 2. The case of the complainant is that the tipper lorry owned by him and covered by the insurance policy issued by the opposite party met with an accident on 11/11/2007. The claim was repudiated on the ground of alleged policy violation. 3. It is pointed out that the surveyor has only assessed the damages at Rs.1,08,030/-. It is further alleged that there is clear policy violation as there were extra passengers in the tipper lorry which was permitted to carry only 3 persons. 4. The evidence adduced consisted of the testimony of PW1, PW2, OPW1 to OPW3, Exts.A1 to A9 and B1 to B9. 5. The Forum dismissed the complaint on the ground that policy condition No:37-A has been violated as the carrying of 9 persons amounted to violating the permit conditions. The appellant/complainant has relied on the decision of the National Commission in New India assurance Company Ltd. Vs. Wakil Ahammed, IV 2009 CPJ (NC) wherein the National Commission has relied on the guidelines issued by the General Insurance Corporation for settling cases involving the contention that passengers were carried in Goods Vehicle. As per the above guideline it was advised that in such cases the claims have to be settled on non standard basis, up to 75% of the amount of loss. The National Commission was considering a case in which 56 persons were carried in a Goods vehicle. 6. In the circumstances we find that the complainant is entitled for 75% of the amount due which we take it as the amount assessed by the surveyor. The surveyor has assessed a sum of Rs.1,08,030/- after deducting depreciation, salvage value and policy excess. Of course the complainant has claimed a higher sum. 7. In the circumstances the order of the Forum is set aside. The opposite party is directed to pay to the complainant 75% of the amount assessed by the surveyor with interest at 9% per annum from the date of complaint. The complainant would also to be entitled for cost of Rs.2000/-. The amounts are to be paid within 3 months from the rate of receipt of the copy of the order failing which the complainant will be entitled for interest at 12% per annum from the date of this order. Office will forward LCR to the Forum urgently. JUSTICE K.R.UDAYABHANU: PRESIDENT VL. | 
