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Judgment
VIDE impugned order dated 4.11.2000 the appellant Insurance Company has been directed to make the substandard claim of 75% of the insured value of the vehicle which met with an accident against the total loss with interest @ 9% and cost of Rs. 5,000.
THROUGH this appeal the impugned order has been assailed mainly on the ground that the respondent-complainant had already sold the insured vehicle to the deceased driver Sh. Vineet Tyagi and therefore he ceased to have any insurable interest; secondly that the driver was not holding a valid driving licence, and thirdly that the vehicle was used for commercial purposes which is in violation of the terms and conditions of the policy and therefore the claim was repudiated. We have perused the impugned order and find that none of these contentions has been dealt with nor has any specific finding returned by the District Forum in respect of any of these contentions and straightaway substandard claim @ 75% of the insured value was granted on the premise that the vehicle was being used for commercial purposes whereas it was not a passenger vehicle.
In the result, the appeal is allowed, the impugned order is set aside and the matter is sent back to the District Forum to decide it afresh after considering the aforesaid contentions and returning the specific finding of the fact as well as of law. The appellant shall appear before the District Forum on 10.4.2006.
COPY of this order be sent to all the District Forums for future guides. The FDR, if any deposited by the appellant, be returned forthwith. Appeal allowed.