ORIENTAL INSURANCE CO LTD Vs. BANSI LAL

JUDGEMENT

(1.) PLYING on Udhampur -Ghordi road on December 31,1999, Public Service Vehicle bearing registration no.JK02G -6807 suffered an accident. Bansi Lal -respondent, its owner lodged a claim for indemnification of the loss suffered in the accident, with the petitioner -Oriental Insurance Company Limited, the insurer.

(2.) AGGRIEVED by the repudiation of his claim, by the insurer, the respondent filed compensation claim no.446 of 2001 with the Divisional Forum, Jammu, constituted under the Jammu & Kashmir Consumer Protection Act, 1987.

(3.) DISALLOWING petitioners plea that the vehicle was overloaded and the driver of the vehicle did not hold valid driving license, at the time of the accident, the Divisional Forum, allowing the respondents claim directed the Insurance company to pay Rs.1,26,765/ - along with interest @ 8% per annum and Rs.2,000/ - as costs to the respondent vide its order of July 7,2005.