Indore: Setting down a long disputed conflict with a private insurance company, the state commission of MP Consumer Forum ensured half the payment of repairs to a farmer, who had been struggling with the claim of 2011.
The farmer was provided Rs 30,000 for the repair of an insured tractor. State commission president Justice Shantanu Kemkar and member Prabhat Kumar Parashar heard the case in the first appeal after district consumer forum Vidisha had dismissed the complaint on the ground of ‘breach of policy conditions’.
Farmer Vishan Singh Rajpoot had purchased a tractor for use on the farm. On April 28, 2011, he was traveling from Mandi at 9 pm at night and the tractor toppled down the bridge.
The tractor was damaged and Munnibai traveling in the tractor along with other members of the family passed away.
After informing the company, Rajpoot received assurance from the company and paid for repairs in the tractor. Later, when he claimed for the amount of repairs, the company rejected the claim.
To resolve the conflict and get his claim, Rajpoot approached the district consumer forum where his complaint was dismissed. The tractor was insured under the commercial vehicle policy from 19/11/10 to 18/11/11 of Rs 3,99,000.
The reasons for the dismissal of his complaints were:
1. There were five people traveling in the tractor against its maximum capacity of carrying only one person along with goods.
2. The insurer (Rajpoot) holds a driving license for riding light vehicles, i.e. motorcycle and not commercial transport vehicle.
3. At the time of the accident, it was found to be carrying cement. The tractor was insured for agricultural purpose, which was evident from the excerpt mentioned in the FIR. The plaintiff could not justify why the tractor was being used to carry cement.
Hence, the revision district forum rightly held that 'RD' was driving vehicle at the time of the accident - photocopy of driving license relates to driving license of light vehicles. He was not authorized to claim for repair in the tractor as at the time of accident, conditions of insurance policy were violated.
However, considering the plea of the consumer and claim sought, state commission settled the matter with the insurance company giving a cheque of Rs 30,000 against claimed repairs of Rs 63,817.