KEWAL KRISHAN Vs. ORIENTAL FIRE AND GENERAL INSURANCE

JUDGEMENT

(1.) Plaintiff is in appeal.

(2.) For convenience, the parties herein are referred to their original status in the suit i.e. the appellant as plaintiff and the respondents as the defendants.

(3.) Plaintiff filed suit for recovery of Rs.65,000.00 as an insurance claim for loss of his car which was being plied as commercial taxi which was lost by way of theft. As per the case of the plaintiff, he was owner of a Padmini car bearing No.PNY-1765. The same was fully insured with the defendant-Insurance Company. The same was being plied through driver namely Jit Singh son of Jangir Singh who was incharge of the vehicle. FIR No.23/302 was lodged on 6thof December, 1983 to the effect that the vehicle was stolen while parked in Gagan Hotel, Railway Road, Muktsar. Necessary claim was lodged with the defendant-Insurance Company on 7/12/1983. The defendant-Insurance Company repudiated the claim of the plaintiff in toto on the pretext that the driver was not holding a valid licence on 6thof December, 1983. Plaintiff approached the Civil Court claiming that the repudiation was bad. The driver Jit Singh was holding a valid licence on the date of theft and was competent to drive the vehicle. There was clerical mistake in the issuance of duplicate licence by the office of District Transport Officer, Faridkot on account of which the defendant illegally rejected the claim of the plaintiff. The said error was rectified by the DTO Office, Faridkot itself and thus the plaintiff was entitled for claim of Rs.65,000.00.