ORIENTAL INSURANCE CO Vs. SURINDER SINGH AND ORS

JUDGEMENT

(1.) THIS appeal has been filed by the appellant/opposite party against the order dated 1.8.2008 passed by the District Consumer Disputes Redressal Forum, Nawanshahr (hereinafter called as "District Forum") vide which the complaint of the respondents/complainants was allowed with the direction to opposite party to sanction the claim lodged by Inderjit Singh with interest @ 10% per annum alongwith compensation of Rs. 10,000/ - and cost of Rs. 1,000/ -

(2.) BRIEFLY stated, the facts of the case are that complainant No. 1 was the owner of a truck bearing registration No. PB -07 -D -9482, which was got insured by him from the opposite party vide policy dated 30.1.2008, which was valid from 31.1.2006 to 30.1.2007 and the complainant No. 2 was the driver of said vehicle. It was pleaded that as per the insurance cover note/policy document, legal liability of the employee/driver to the tune of Rs. 2,50,000/ - was also covered. On 21.11.2006, the said vehicle met with an accident at Village Kup Kalan, District Sangrur while complainant No. 2 was driving the said vehicle. He suffered multiple injuries in the accident and his both legs were fractured. He was admitted in CMC Hospital, Ludhiana where his right leg below knee was amputated and he became partly disabled. He remained admitted in the Hospital till 5.12.2006. Information regarding the accident was given to the Police Station Kup Kalan. Complainant No. 2 spent an amount of Rs. 2,00,000/ - on his treatment. The claim filed by the complainants was repudiated by the opposite party. Legal notice was got served on the opposite party through counsel on 23.1.2007. The complaint was filed before the District Forum seeking directions to opposite party to pay Rs. 2,50,000/ - to the complainant alongwith Rs. 50,000/ - as damages.

(3.) UPON notice, the opposite party filed written statement in which it was pleaded that the complainant No. 2 did not hold valid driving license at the time of accident and that no compensation of medical expenses of the worker was payable as per the terms and conditions of the insurance policy. It was denied that the complainant No. 2 was the driver of Surinder Singh, complainant No. 1. It was pleaded that the claim was rightly repudiated. Dismissal of the complaint was prayed.