ORIENTAL INSURANCE CO.LTD Vs. ANITHA JAYAN

JUDGEMENT

(1.) The appellants are the opposite parties in CC.853/05 in the file of CDRF, Thrissur. The appellants are under orders to pay a sum of Rs.7815/.34 and compensation of Rs.3000/- and cost of Rs.500/-.

(2.) The case of the complainant is that the autoriksha owned by him having full coverage with the opposite parties met with an accident. According to him he had spent a sum of Rs.10864/- for repairs. The claim was repudiated on the ground that the driver was not having badge. The complaint is filed claming repair charges of Rs.10864/- with interest at 12% and compensation of Rs.10000/-.

(3.) The opposite parties have filed version contending that the driver at the time of the accident was not having a valid badge which is mandatory as per Section 3 of the Motor Vehicle Act. The vehicle involved is a good carriage commercial vehicle. It is also pointed out the loss assessed by the surveyor is only Rs.7815.34.