Neerja Singh, Member:

1. This appeal is by the complainant, whose complaint against the respondent, Oriental Insurance Company Ltd., was dismissed by an order dated 11.6.2009, passed by District Consumer Disputes Redressal Forum, Raigarh.

2. The brief facts of the case are that the appellant had obtained insurance for his Maruti Omni van. During the period of insurance, on 5.5.2008, the vehicle met with an accident. The Insurance Company was informed immediately. The appellant states that he spent र 51,140 on the repairs of the vehicle. However, when he made a claim, the Insurance Company repudiated it on the ground that the vehicle was being run under an agreement with the health department, in violation of the terms of the insurance policy

3. We have heard the learned Counsel of the parties and perused the documents filed on record.

4. The short point involved in this dispute is whether the appellant is entitled to the claimed amount. Undoubtedly, the vehicle at the time of the accident was under contract with the Block Development Officer, Khilchipur. However, it is now too well settled, and held in a number of cases by the Hon'ble National Commission Shiv Kumari v. New India Assurance Co. Ltd., (2007) 2 CPJ 196 (NC), as also by this Commission, that the Insurance Company, in cases dealing with `limitation as to use', shall treat the claim as non-standard and settle it. This view was again reiterated by the Hon'ble National Commission in the case of the Oriental Insurance Company Ltd. v. Sanjeev Kumar, (2009) 2 CPJ 135 (NC).

5. The Surveyor has assessed the loss at र 34,972. The appellant is therefore entitled to 75% of the assessed amount.

6. In the result, the appeal succeeds in part. The impugned order of the Forum below is set aside. The respondent Insurance Company is directed to pay to the appellant र 26,229 with 9% interest from the date of filing of complaint, i.e. 9.1.2009. This amount shall be paid within a period of one month from the date

of receipt of this order, failing which it shall carry interest at the rate of 12% from the date of order till payment. The respondents shall also pay costs of र 1,000 to the appellant. Appeal partly allowed.