AMAR SINGH Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) VEHICLE which is subject matter of this case was a transport vehicle being Mahindra Pick Up, bearing registration No. HP -15 -3594. Driver namely Surinder Kumar s/o Sh. Kundan Lal was on the wheel at the time of accident. Copy of driving licence has been placed on record as Annexure A -III with the complaint file and also by the respondent -Insurance Company along with the report of Sh. Kulwant Singh Katoch, Advocate, Solan. It is at page 14 onwards. Similarly vehicle was registered as LCV Pick Up is again made out from photostat copy of certificate of registration which is at page 20 onwards. Amongst other things, taxes were being paid from time -to -time by the appellant is again established. Vehicle was insured for Rs. 2,84,000 w.e.f. 24.1.2003 to 23.1.2004.

(2.) DURING the validity of the insurance policy, the insured vehicle on 28.3.2003 suffered damage due to accident. Appellant claims to have spent Rs. 1,66,000 on repairs. On receipt of intimation regarding accident, surveyor was appointed and final motor Survey report is Annexure R -3. It shows that the net amount payable according to the Surveyor who is an expert in the subject of loss assessment in case of damage caused, was Rs. 77,529.55 paise. This is what he has worked out at page 104 of the complaint file. He has assessed the expected salvage value at Rs. 3,500.

(3.) DRIVER admittedly was authorised to drive medium motor vehicle as also for LTV (Non -Transport). A perusal of the licence shows that it has been issued from 16.3.2001 to 4.6.2020. Whereas, as per provisions of Motor Vehicles Act, 1988 and the rules framed thereunder, in case Surinder Kumar was to drive a commercial/transport vehicle, his licence in law was required to be endorsed by the Competent Authority to drive this class of vehicle and is required to be renewed every three years. District Forum below vide its order dated 31st October, 2007 has dismissed the complaint after placing reliance on two decisions of the Hon ble Supreme Court in the case of National Insurance Company Ltd. v. Kusum Rai and Ors., 2006 2 CPJ 8 and National Insurance Co. Ltd. v. Laxminarain Dhut, 2007 3 CPJ 13