The apex consumer commission has denied insurance claim to a man for his damaged truck as he was carrying 12 persons against the vehicle's capacity of five.
National Consumer Disputes Redressal Commission (NCDRC), presided by Justice K S Chaudhary, denied the insurance claim while dismissing the revision petition filed by Karnataka resident G Siddesh against Karnataka state commission's order.
The state commission had dismissed Siddesh's appeal filed against a district forum's order, which had dismissed his complaint seeking insurance claim for his damaged truck.
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"In the case in hand against the capacity of five, there were 12 passengers in the vehicle which was clear cut violation of terms and conditions of the policy and in such circumstances, the petitioner was not entitled to any claim...And state commission has not committed any error in affirming order of district forum dismissing complaint," the NCDRC said.
NCDRC also noted that the state commission had dismissed the appeal against district forum's order as barred by 74 days and said that Siddesh had nowhere mentioned in the revision petition that state commission committed error in rejecting application for condonation of delay.
"The state commission rightly observed that complainant (Siddesh) has not produced any documentary evidence in support of his illness and rightly dismissed appeal as barred by limitation," it said.
Siddesh had earlier told the district forum that his truck, insured by a ICICI Lombard General Insurance Co Ltd, met with an accident on June 3, 2012, and got severely damaged.
He incurred expenditure of Rs 3,23,285 in repairs and submitted claim, but the company repudiated the claim on the ground that complainant violated terms and conditions of policy.
Aggrieved by this, he filed a complaint with the district forum, alleging deficiency on company's part.
The firm, however, submitted that as per registration certificate, vehicle had sitting capacity of five whereas, at the time of accident vehicle was carrying 12 persons and in such circumstances, claim was rightly repudiated.
