NEW INDIA ASSURANCE COMPANY LIMITED Vs. JASBIR SINGH

JUDGEMENT

(1.) THE respondents were the owners of Truck No. HR -38A/1924 which was insured with the appellants. It met with an accident on 29.6.2000 in which the vehicle suffered extensive damage. The respondents spent an amount of Rs. 2,50,000 in getting the vehicle repaired. The appellants repudiated the insurance claim vide letter dated 6.7.2001. Alleging deficiency in service on the part of appellants, the respondents filed a complaint in the learned District Consumer Disputes Redressal Forum, Hoshiarpur (in short the District Forum ) for compensation to the tune of Rs. 4,75,000.

(2.) THE appellants filed written reply. It was admitted that the Truck No. HR -38A/1924 owned by the respondents was insured with the appellants. It was also not disputed that the truck had met with an accident on 29.6.2000 at about 4.30 a.m. but it was denied if the insurance claim was lodged immediately. Rather it was lodged on 1.7.2000 and no documents were supplied. Surveyor was appointed by the appellants.

(3.) IT was denied if the respondents had spent an amount of Rs. 2,50,000 on the repairs of the truck. As per the report submitted by Mr.Sanjiv Khanna, Surveyor, the loss was assessed to the tune of Rs. 75,752 . It was admitted that the insurance claim was repudiated vide letter dated 6.7.2001 on the plea that Jasbir Singh, driver, who was driving the vehicle at the time of accident, was not holding a valid driving licence. It was denied if there was any deficiency in service on the part of the appellants. Dismissal of the complaint was prayed.