NEW INDIA ASSURANCE COMPANY LIMITED Vs. BRILLA TRANSPORT

JUDGEMENT

(1.) SINCE the parties are the same and the appeals arise out of a common order, all these three appeals were heard together and are disposed of accordingly by a common order as hereunder. Since the facts are not in controversy, an elaboration of the same is rather superfluous.

(2.) THE lorries belonging to the complainant in each of the cases met with an accident. They were insured with the opposite party and a claim for payment of the entire sum incurred as and by way of damages. When they made a claim, the opposite party decided to treat the claim as a non -standard claim and offered to pay 75% of the admissibility of the claim amount assessed by the Surveyor. Since the complainants were not prepared to accept such a settlement, they have come forward with these complaints alleging deficiency in service and for a direction to the opposite parties to pay the full amount due on the policies.

(3.) THE contention of the opposite party is that the drivers of the vehicles did not have an effective licence and were not authorized to drive the said vehicles and, therefore, they are in order in treating it as a non -standard claim and it cannot be faulted with. The three vehicles admittedly carried hazardous goods. According to the opposite party, the drivers who drove the transport vehicle did not have proper authorization from the Licensing Authority to drive the vehicles containing dangerous goods and inasmuch as they and no endorsement authorizing them to drive the vehicles carrying hazardous goods, the driving licences held by them were valid licences in law and, therefore, the drivers were not authorized to drive the vehicles carrying dangerous goods and as a result they are justified in treating it as a non -standard claim.