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TMI Blog2010 (3) TMI 1290X X X X Extracts X X X X X X X X Extracts X X X X ..... the time of the accident was being driven on hire and was outside the scope of the insurance policy. 3. The appellant who is the original complainant had taken a comprehensive insurance policy in respect of his private car being No. WB-34C/1919 vide policy No. 311701/3/99/7172 of 1999 and the complainant paid the insurance premium duly. 4. As per the complainant, United Bank of India's regional office is his tenant and many of its employees are known to him. One of its employees had approached the complainant to hand over the aforesaid vehicle for a few hours for urgent use by the employees of the Bank. The complainant handed the aforesaid vehicle by way of a good gesture and did not take any rent from the Bank in this regard. The ve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1.2004 dismissed the appeal as devoid of any merits. It was held that from the documents and circumstances it was established that the car was given on a hire. According to the State Commission, the surveyor's report was not challenged by the complainant. 8. Against the order of the State Commission, a revision was preferred before the National Commission and the same was dismissed vide order dated 13.10.2008. According to the National Commission there was concurrent finding on the fact that at the time of the accident the car was used for hire and it was not given as a gesture of goodwill. As such repudiation by the insurance company was upheld. 9. This Court cannot, however, uphold the aforesaid stand taken by the insurance company, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vehicle when the insurer has obtained comprehensive policy for the loss caused to the insurer. The respondent submitted that even assuming that there was a breach of condition of the insurance policy, the appellant Insurance Company ought to have settled the claim on non-standard basis. 13. In the case of Nitin Khandelwal (supra) the State Commission allowed 75% of the claim of the claimant on non-standard basis. The said order was upheld by the National Commission and this Court refused to interfere with the decision of the National Commission. 14. In this connection reference may be made to a decision of National Commission in the case of New India Assurance Company Limited v. Narayan Prasad Appaprasad Pathak reported in (2006) CPJ 144 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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