NATIONAL INSURANCE COMPANY LIMITED Vs. GOPAL PATHAK

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 30.6.2010 passed by District Consumer Forum, Panipat in complaint No. 161/2009, which relates to the insurable benefits in respect of insured vehicle of the complainant (respondent herein) which damaged in an accident during the subsistence of the Insurance Policy.

(2.) UNDISPUTED facts of the present case are that Maruti Omni vehicle bearing registration No. HR -67 -4606 of the respondent -complainant, insured with the opposite parties, damaged in an accident on the intervening night of 12/13.4.2008. Complainant submitted claim along with documents with respect to the damage of his vehicle. On verification the driving licence bearing No. 50658/P of the driver Gopal Dutt Sharma issued by Licensing Authority, Sonepat, who was driving the vehicle at the time of accident was found fake as per the report obtained by Shri Parkash, Surveyor and Loss Assessor, from Licensing Authority, Sonepat. Accordingly, complainant's claim was repudiated vide letter dated 16.2.2009. Thereafter, complainant produced the second driving licence bearing No. 13027/MTR/03 issued in the name of Gopal Dutt Sharma, allegedly issued by the Licensing Authority, Mathura but the same could not.be verified as the record of the office of Licensing Authority, Mathura, pertaining to the driving licence of Gopal Dutt Sharma had already been sealed by a Court. Forced by these circumstances, the complainant invoked the jurisdiction of the District Consumer Forum by filing the instant complaint. The complaint on being contested by the opposite parties on the grounds stated above, was accepted by the District Forum by issuing direction to the opposite parties to pay compensation after assessing the loss of the complainant, within a period of 30 days failing which the awarded amount shall carry interest @ 9% per annum from the date of filing complaint till realization. Cost of litigation was awarded at Rs. 2,200.

(3.) AGGRIEVED against the order of the District Forum, the opposite parties have come up in appeal.