It was precisely on this ground that the District Forum had rejected the claim which, as mentioned above, was allowed by the State Commission.
An appeal, which was thereafter filed by the respondent before the Kerala State Consumer Disputes Redressal Commission, was allowed on 24.4.1996 directing the appellant to pay a sum of Rs.1,93,500/ together with interest 12 per cent from 19.4.1994 to the respondent.
A Revision filed by the appellant before the National Consumer Disputes Redressal Commission was dismissed on 10.2.1997 and number the matter is in appeal before this Court.
Admittedly, respondent was carrying Ether Solvent which has been described as a hazardous and highly flammable article.
The insurance policy issued to the respondent in respect of his Mahindra Alwin Nisan Truck No.
KL 04 A 4683, which was registered as a public carrier, clearly stipulated under the heading LIMITATION AS TO USE as under Only for carriage of goods within the meaning of the Motor Vehicles Act, 1988.
The National Commission before which it was argued that the Ether Solvent and Ethyl Ether were the same substance, dismissed the Revision on the ground that what was prohibited under the Central Motor Vehicle Rules was Ethyl Ether and that there was numbermaterial on record to indicate that Ethyl Ether was the same substance as Ether Solvent.
The claim of the respondent was resisted by the appellant before the District Consumer Disputes Redressal Forum on the ground, inter alia, that the claim was number companyered by the terms of the insurance policy as the respondent, in his vehicle, was carrying Ethyl Ether, a hazardous and highly inflammable substance, which companyld number be legally carried by the respondent in his truck in terms of the permit granted to him under the Motor Vehicles Act, 1988.
On 19.4.1994, while the truck was on its way from Bombay to Allapuzha carrying 15 barrels of Ether Solvent, it caught fire at Bisalkoppa near Hubli, which gave rise to a Claim Petition being filed by the respondent before the District Consumer Disputes Redressal Forum, Allapuzha, in the sum of Rs.2,75,000/ , along with interest 18 per cent per annum from 19.4.1994, but the Complaint was dismissed on 30.9.1995.
SAGHIR AHMAD, J. Respondents truck was insured with the appellant.
