Karnataka

StateCommission

A/518/2015

M/s. Bharath Cement Products, - Complainant(s)

Versus

The Manager, M/s. ICICI Lombard General Insurance Co. Ltd., - Opp.Party(s)

K. Devaraj

24 Aug 2022

ORDER

24/08/2022

ORDER

BY SMT. SUNITA C. BAGEWADI, MEMBER

Heard arguments from respondent.

          Respondent submits that the appellant is the owner of the lorry bearing registration No. KA 51-8136 and it was insured with OP under the cover note No.54388032 dated 16.07.2008 and it was valid from 30.06.2008 to 29.06.2009.  On 01.04.2009 at 8 a.m. the said lorry fell down due to skid and as a result the lorry was fully damaged.  After the incident the Manager of the firm has given complaint to the Electronic City police station and police have registered the case in crime No.51/2009 and also sent an application along with insurance policy to OP claiming compensation towards damages happened to the lorry.  However, the respondent repudiated the claim on 22.04.2009 on the ground that accident was due to overturning of the tractor with fully loaded concrete mixture in it and in order to cover such risk the complainant ought to have taken the coverage under the policy by paying additional premium as per IMP 47 and in the present case such additional premium was not paid by the appellant.  So over turning risk is not covered under the policy and same is not payable.  Hence, repudiation of the claim is just and proper.  Further submitted that the District Commission has dismissed the complaint on the same ground and also prays to dismiss the appeal.

          Perused the order sheet.  We noticed that the appellant is continuously absent, not argued the matter and not submitted how the District Commission has erred in failing to see that appellant is entitled for the claim from respondent.  It seems the appellant has no interest to continue the appeal.  Mere filing of appeal memo is not sufficient to hold the appeal and also on perusal of the impugned order we noticed that order of the District Commission is just and proper.  No interference required.  Hence, appeal is dismissed.

 

Member

CV*