NATIONAL INSURANCE COMPANY LIMITED Vs. RANA HOSPITAL

JUDGEMENT

(1.) DRV (Mrs.) Prem Rana is the sole proprietor of M/s. Rana Hospital, the respondents. The respondents were the owner of the TATA Safari car bearing registration No. PB -02 -Y -5744. It was insured with the appellants for the period from 27.9.1998 to 26.9.1999. It met with an accident on 24.4.1999 and suffered a damage to the tune of Rs. 3,67,987. Accordingly the insurance claim was lodged with the appellants but the claim was repudiated by the appellants vide letter dated 11.1.2001. Accordingly the respondents filed the complaint in the learned District Consumer Disputes Redressal Forum, Jalandhar (in short "District Forums").

(2.) THE appellants filed the written reply. Preliminary objections were pleaded and the case was also contested on merits. It was admitted that the respondents were the owners of TATA Safari car bearing RC No. PB -02 -Y -5744 and it was insured with the appellants for the period from 27.9.1998 to 26.9.1999. It was also not disputed that it had met with an accident on 24.4.1999. The version of the appellants was that at the time of accident the vehicle was being driven by Satnam Singh son of Jagtar Singh who was not holding a valid and effective driving licence. The repudiation was legal and valid. Hence dismissal of the complaint prayed.

(3.) THE respondents proved the power of attorney given by Dr. (Mrs.) Prem Rana to Vijay Pal Singh as Ex. C1. The affidavit of Dr. Prem Rana is proved as Ex. C2. The respondents also proved documents Ex. C3 to Ex. C27. On the other hand, the appellants filed the affidavit of R.K. Chawla, Divisional Manager, as Ex. O1 and also proved documents Ex. 02 to Ex. 05.