JUDGMENT : As per S.K. Kulshreshtha, J. : - This appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') is directed against the order dated 29-7-2010 passed by the District Consumer Disputes Redressal Forum, Katni in Case No. 52/10. 2. The appellant had claimed a sum of Rs. 2,10,000/- for the repairs of his vehicle as a result of the accident, Rs. 2 lacs for mental agony, Rs. 10,000/- for other losses and Rs. 5,000/- as cost. The Forum has dismissed the complaint and hence this present appeal. 3. It is not disputed that the appellant's 'Marshal' Jeep, bearing registration No. MP-53 D-0709 was insured\with the respondent for the period from 27-1-2008 to 26-1-2009. It is also not disputed that the said vehicle collided with a truck on 31-12-2008 and sustained damage which was assessed by the respondent in the sum of Rs. 2,10,000/- but reduced to Rs. 90,785/- by the Surveyor. The Surveyor has examined the damage and given reasons for each and every item and assessed the damage in the sum of Rs. 90,785/-. 4. The short question that arises in this case is whether the appellant is entitled to the amount assessed by the Surveyor. Nothing has been stated to show that the Surveyor has under assessed the damage. The only ground for repudiation of the claim is that passenger for hire were being carried in the private vehicle, which was violation of the condition of the policy. The Supreme Court in Amalendu Sahoo Vs. Oriental Insurance Co. Ltd., II (2010) CPJ 9 (SC), has ruled that even in the cases of violation of the policy, the amount upto 75% can be granted. Accordingly, we are of the view that the appellant is entitled from the Insurance Company to a sum which is 75% of Rs. 90,785/-, i.e., Rs. 68,088.75. 5. Accordingly this appeal is partly allowed. The Insurance Company shall pay a sum of Rs. 68,088.75 with 5% interest from the date of complaint. There shall be no order as to costs.