PER SHRI. S.M. 

1)        

2)         

3)          .11 p.m. the Complainant telephonically informed the Opposite Party regarding the fact that an accident had occurred at Chikhali near Valsad and the driver had expired on the spot and the vehicle was heavily damaged and the Spot Surveyor had to be arranged immediately.    The vehicle was driven to Tejpal Motors Pvt. Ltd. the dealer of Tata Motors on 17/10/2007.              

4)                   

5)                      

6)       written statement   written arguments.   

7)         She also relied the order of the Hon’ble National Commission in original Petition No.133/2000        

8)         .com and submitted that the Opposite Party has rightly repudiated the claim lodged by the Complainant as the Complainant had carried the hazardous goods in the insured vehicle and the said vehicle was not driven by the driver having legal and valid driving license. 

9)          

10)       written statement 

11)                  Submissions therefore, made by the Advocate for the Complainant that methyl Iodide which was carrying in the insured vehicle cannot be considered as hazardous goods is necessary to be accepted as legal and proper.      

O R D E R

i.                   Complaint No.164/2009 is partly allowed against the Opposite Party.

ii.                The Opposite Party is directed to pay an amount of Rs.1,83,851/-(Rs.One Lac Eighty Three Thousand Eight Hundred Fifty One Only)p.a.fromtill it’srealizationtothe

iii.      

iii.              The Opposite Party shall comply with the aforesaid order within one month from the date of service of this order. 

iv.              Certified copies of this order be furnished to the parties.