GIAN CHAND Vs. NEW INDIA ASSURANCE CO LTD ,

JUDGEMENT

(1.) ONLY question involved in this appeal is whether the driver of the vehicle Satish Kumar son of Shri Gian Chand who was alleged to be the driver on the wheel at the time of the insured vehicle which was a taxi, was duly licensed to have driven the same or not.

(2.) VEHICLE being insured under a valid policy of insurance on the date of accident i.e. 28.4.2007 is not in dispute. In this behalf another fact that needs to be mentioned here is that after the accident, F.I.R. No.39/2007 was registered at Police station, Dalhousie on 29.4.2007. Name of the driver mentioned in the F.I.R. is Raj Kumar son of Shri Munshi Ram, caste Gaddi Rajput. Whereas in the claim form submitted by the appellant, while lodging claim with the Insurance Company, Satish Kumar is shown to be the driver of the vehicle, who sustained serious injuries. S/Sh. Sadhu Ram and Om Prakash died as a result of the accident, whereas Laxmi wife of Sadhu Ram was injured. This is what is stated by the appellant in the claim form, copy whereof is Annexure OP.3. After receipt of intimation, Surveyor was deputed who assessed the loss on net of salvage basis in the sum of Rs.99,000/ -, subject to terms and conditions of the policy. Report of the Surveyor is Annexure OP.5.

(3.) IN the face of the contradiction as to who was driving the vehicle at the time of its accident, keeping in view the F.I.R. registered at Police Station, Dalhousie as well as what is stated by the appellant qua the driver, respondent -Insurance Company got the matter looked into. It was then revealed that Raj Kumar was driving the vehicle, and he had no driving licence. Though this position was seriously contested by the learned Counsel for the appellant during the course of hearing of this appeal as also before the District Forum below. Per him it was Satish Kumar who was driving the vehicle, therefore the stand of the Insurance Company to the contrary was not correct.