LAWS(PUNCDRC)-2006-9-2

UNITED INDIA INSURANCE COMPANY LIMITED Vs. IQBAL SINGH

Decided On September 08, 2006
UNITED INDIA INSURANCE COMPANY LIMITED Appellant
V/S
IQBAL SINGH Respondents

JUDGEMENT

(1.) THIS judgment and order of ours will dispose of First Appeal No. 1119 of 2005 as also First Appeal No. 1333 of 2005. First Appeal No. 1119 of 2005 :

(2.) THIS is an appeal by the Insurance Company against the judgment and order dated 6.7.2005 of the District Forum, Ludhiana, by which the complaint of the complainant, Iqbal Singh, was allowed in the following terms : "In view of our above discussion, the complaint is accepted and the respondent Insurance Company is directed to make payment of the amount as assessed by the Surveyor as report Ex. R4 to the complainant. Compliance to be made within one month of the receipt of copy of order. Copy of order be supplied to the parties. File be completed and consigned to the record room."

(3.) ONLY two points have been raised in this appeal(i) that the driver of the vehicle was holding a licence for driving L.M.V. (light motor vehicle) whereas he was driving TATA 407, which is a goods carriage, for which a licence under the category of LTV is required; (ii) that the District Forum went wrong in not applying the Imposed Excess Clause in the insurance policy while granting the relief.