Vadodara: Merely carrying several passengers, including relatives and neighbours, does not mean a car is being used for commercial purposes, the Vadodara District Consumer Disputes Redressal Commission (Main) has ruled while directing an insurance company to pay a claim rejected after a fatal accident.The commission ordered Bajaj Allianz General Insurance Company Ltd to pay Rs 1.63 lakh to Sushila Vasava, a resident of Karjan, whose husband Ashok died in a road accident in November 2013.Ashok had purchased an eight-seater car and insured it under a policy for 2013-14. He died while driving the vehicle on the highway near Alamgir village. The car was also declared a total loss, following which Sushila filed an insurance claim.The insurer rejected the claim in March 2014, alleging that the car was being used for hire or reward, contrary to the policy conditions restricting it to private use. It cited the number of passengers in the vehicle as evidence of the alleged violation.Sushila approached the consumer commission in October 2022, seeking payment of the claim.Rejecting the insurer’s argument, the commission observed that the presence of several passengers did not establish that the vehicle was being used commercially. Taking relatives, neighbours, family members or acquaintances along in a private vehicle does not, by itself, amount to commercial use, it said.The commission also noted that the insurer had failed to produce any other evidence to establish that the car was being used for hire or reward.Addressing the delay in filing the complaint, the commission said it had accepted Sushila’s application in 2022 and allowed the case to proceed.The commission directed the insurer to pay her Rs 1.63 lakh with 8% interest, along with Rs 5,000 as compensation for mental harassment and Rs 3,000 towards legal costs.
