ASHA KHURANA Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS is complainant s appeal filed against impugned judgment and order dated 16.9.2004 passed by District Consumer Disputes Redressal Forum -II, U.T. Chandigarh (for short hereinafter to be referred as District Forum) in Complaint Case No. 66 of 2002, Smt. Asha Khurana v. The New India Assurance Company Limited.

(2.) A claim was filed by the appellant before the respondent -The New India Assurance Company Limited (for short hereinafter to be referred as Assurance Company) regarding the truck bearing registration No. HR -03 -GA -0064, which had been insured vide Cover Note No. 265644 covering risk for the period from 10.10.1997 to 9.10.1998, which was involved in an accident that took place on 11.1.1998 in which the driver of the truck, namely, Shri Beant Kumar died at the spot. The information regarding the accident was given to the police at Police Station, Kharar in the State of Punjab. The respondent Assurance Company did not settle the claim due to non -supply of the particulars regarding the driving licence before the Surveyor appointed by the Assurance Company and was treated as closed for want of the same. Feeling aggrieved by the non -settlement of the claim and treating it as closed, the appellant filed the complaint, which was subsequently amended and corrected and amended complaint was filed on 11.9.2003 wherein the complainant prayed for issuance of a direction to the Assurance Company/OP to pay a sum of Rs. 1,52,360.37 plus interest @ 18% per annum from the date of accident i.e., 11.1.1998 till realisation. The aforesaid amount is the costs of repair of the damaged truck. The truck was insured comprehensively vide cover note aforesaid.

(3.) IN Para No. 4 of the amended complaint, it was specifically mentioned that the truck driver was holding a valid driving licence for driving the said truck. This claim was dismissed by the District Forum on the ground that the Assurance Company did not commit any deficiency in service and reliance was placed on the case law Jagdish Parsad Dagar v. Sr. Divisional Manager, LIC, 1992 2 CPJ 493 and Zenith Computers Ltd. v. The New India Assurance Co. Ltd., 1995 1 CPJ 144. The complainant felt aggrieved by the dismissal of the complaint by the District Forum vide order dated 16.9.2004 and has now filed this appeal on 29.11.2004.