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In case of mere technical issues, insurer to pay claim on non-standard basis

In Oriental Insurance Co. Ltd. vs Shiv Pujan Kushwaha, the contention of the petitioner was that the vehicle in question was a Bolero Pick-up goods carriage vehicle and was meant only for carrying goods.  Only two passengers including the driver were allowed to travel in the vehicle. The vehicle met with accident, claim was filed but the claim was however, rejected on the ground that a goods vehicle had with an accident while carrying passengers, thereby committing breach of the terms and conditions of the insurance policy. The District Forum having dismissed the complaint, the complainant approached the concerned State Commission by way of an appeal The State Commission allowed the appeal as also the National Commission.

The Commission referring to Hon'ble Apex Court in Lakshmi Chand Vs. Reliance General Insurance Co. and B.V. Nagaraj Vs. The Oriental Insurance Co. Ltd. held that the insurer was liable to pay the claim, unless there was a fundamental breach of the terms and conditions of the policy in question. 

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