Per – Hon’ble Mr. S. R. Khanzode, Presiding Judicial Member
Adv. Shri A. S. Vidyarthi is present on behalf of the Appellant/Insurance Company. Respondent, by name – Mr. Kalpesh Chhaganbhai Patel, is present.
[2] This appeal takes an exception to an order dated 30/08/2001, passed by the Raigad District Consumer Disputes Redressal Forum at Alibag (‘the Forum’ in short) in Consumer Complaint No.67 of 1998, Mr. Kalpeshkumar Chhaganbhai Shah Vs. Oriental Insurance Company. Consumer complaint pertains to deficiency in service on the part of the Appellant/Insurance Company by repudiating the claim of the Respondent/original Complainant on the ground that the insured vehicle was used in contravention of the permit of the vehicle viz. the vehicle was used for transporting goods from Gujarat to Maharashtra. Feeling aggrieved by repudiation of the claim by the insurance company, a consumer complaint was filed, which stood decreed and feeling aggrieved thereby, the Appellant/Insurance Company preferred this appeal.
[3] We heard both sides.
[4] Learned Counsel appearing for the Appellant/Insurance Company invited our attention to the copy of permit of the insured vehicle involved in the accident which is at page (25) of the compilation and particularly brought to our notice that said permit was valid in Thane Region, extension of Mumbai, Pune, Nagpur, Nasik, Kolhapur, Amravati and Aurangabad Region and entire Maharashtra State. Learned Counsel posed a question to the effect that when the permit to ply the insured vehicle was limited to the State of Maharashtra, then as to why the insured vehicle was plied in transporting goods from Gujarat State to Maharashtra at the relevant time of accident. In short, it is tried to be submitted before us that the insured vehicle was plied in contravention to permit of the vehicle, and therefore, their being breach of terms of the insurance policy, repudiation of the claim by the insurance company was just & proper. We are unable to accept this contention since basically, it must be first established that at the time of the incident in question, the insured vehicle was used for inter-state transport of goods, as submitted on behalf of the insurance company. Accident had taken place within the limits of Mumbra Police Station in the District Thane within State of Maharashtra. To presume that the goods were transported from Gujarat, there is no basis to draw such inference and no material is placed on the record to presume so. If such inference cannot be drawn then, the vehicle owner is not under an obligation to explain any such circumstances. No other point is pressed before us at the time of arguing this appeal. Under the circumstances, we find no fault with the impugned order and thus finding the appeal devoid of substance, we proceed to pass the following order:-
ORDER
The appeal stands dismissed.
No order as to costs.
Pronounced and dictated on 9th August, 2011.
