Karnataka

StateCommission

A/444/2013

Future Generali India Insurance Co. Ltd. - Complainant(s)

Versus

Sidramappa - Opp.Party(s)

Manoj Kumar M.R.

21 Dec 2021

ORDER

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

DATED THIS THE 21^ST DAY OF DECEMBER 2021

 

PRESENT

 

HON’BLE Mr. JUSTICE HULUVADI G. RAMESH    : PRESIDENT

MR. K. B. SANGANNAVAR                                : JUDICIAL MEMBER

MRS. DIVYASHREE M.                                     : MEMBER

 

Appeal No. 444/2013

 

Future Generali India Insurance Co. Ltd. Rep. by its Authorised Signatory, Pasadena No.18/1 (Old No.125/A), 3rd Floor Ashoka Pillar Road, 1st Block, Jayanagar Bangalore 560 082   (By Sri. Manoj Kumar M.R.) V/s	……Appellant
Sidramappa S/o. Naganna Balawadagi R/o. Ratakal, Tq. Chincholi Gulbarga Dist. 585 101	..…Respondent

O R D E R

BY HON’BLE Mr. JUSTICE HULUVADI G. RAMESH, PRESIDENT

This appeal is preferred against the order dated 17.01.2013 passed in C.C.No.96/2012 on the file of District Consumer Disputes Redressal Forum, Gulbarga.

2. Alleging deficiency in service on the part of the OP in repudiating insurance claim of the complainant towards damage caused to the goods vehicle in accident complaint is filed.  It is the contention of OP that the said vehicle of the complainant is registered as “three wheeler goods vehicle” and the permitted seating capacity of the vehicle is only ‘one’, but, there were ‘four’ persons travelling in the said vehicle as ‘passengers’ at the time of accident.  There is violation of terms and conditions of the policy.  Thus, justified in repudiation of the claim.  District Forum allowed the complaint in part by directing OP to pay a sum of Rs.49,177/- to the complainant towards damage caused to the accidental vehicle with interest at the rate of 9% p.a. from the date of complaint till realisation and also awarded Rs.5,000/- compensation.
3. Heard the counsel for appellant. 
4. The vehicle said to have been used to go for pilgrimage along with utensils and violates conditions of policy.  Counsel for insurer submits that goods vehicle is being used for carrying passengers.  Despite District Forum awarded compensation of Rs.49,177/- towards damages for the accident happened.  It appears it may be irregular not illegal.  We do not find any reason to interfere with the order of the District Forum.  Appeal is dismissed.
5. Amount in deposit is directed to be transferred to the District Forum to do needful. 

Sd/-

President

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Judicial Member

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Member