National Insurance Co. Ltd. vs KRISHNA KUMAR MISHRA

Mrs. Rajyalakshmi Rao, Member

THIS revision petition is against the order dated 31.8.1998 of the Madhya Pradesh State Commission, confirming the order of the District Forum, Satna in Original Petition No. 180/1997 directing the revisionist/opposite party i.e. National Insurance Co. Ltd. to settle the claim of Rs. 95,000/- with interest @ 12% p.a. w.e.f. 3.3.1997. Brief facts of the case are : Respondent - Krishna Kumar Mishra & Anr. is the owner of a Jeep No. MP-19A-6683 which is insured with the petitioner Company. The said jeep was involved in an accident on 4.4.1996 and the claim damages for Rs. 95,000/- and this was repudiated by the National Insurance Co. on the ground that- (a) as against the authorised sitting capacity of 10 persons i.e. 9 + 1 driver, the vehicle was carrying 13 persons i.e. 11 passengers + driver + conductor, which is against the conditions of the transport licence issued by the transport authority, and (b) the vehicle was hired by the passengers for Rs. 1,100/- for the trip and hence used for commercial purposes, which was against the conditions of insurance policy.

Both these issues were considered both by the District Forum as well as by the State Commission. The State Commission rejected the plea regarding the numbr of passengers in the grounds taken : (a) that since FIR filed by the police clearly indicated there were only 9+1 passengers, and (b) that on the ground that admittedly no payment has been made for the use of the vehicle, and that the Insurance Company has not produced any proper evidence to show that any agreement for payment by the passengers was there. These are matters of fact. No points of law nor any arguments and facts have been raised before us. As such we do not see any reason to interfere with the order of the State Commission as there is no legal infirmity in the said order. Accordingly, the above Revision Petition is dismissed and the order of the State Commission is confirmed. Miscellaneous Petition No. 67 of 2002 which has been filed by the revision petitioner for the stay is also accordingly dismissed. Revision Petition dismissed.