ORIENTAL INSURANCE COMPANY Vs. K NALRAJ

JUDGEMENT

(1.) THE opposite party in COP No. 248/2001 on the file of the District Consumer Disputes Redressal Forum, Tirunelveli, is the appellant herein. The case of the complainant was as follows : His vehicle Mahindra Maxi Cab insured with the opposite party met with an accident on 24.6.1996 and suffered damage. The repairer estimated the damage at Rs. 60,000. The opposite party repudiated the claim, according to the complainant, without assigning any valid reasons. Therefore, the complaint came to be filed.

(2.) THE opposite party took the stand that the driver of the car did not possess a valid licence at the time of the accident and that he had no endorsement in his driving licence to drive a maxi cab and that this was a violation of the policy conditions. In any event, the Surveyor estimated the damage only at Rs. 18,633.

(3.) BEFORE the District Forum, on the side of the complainant, Exs. A -1 to A -8 were marked while on the side of the opposite party Exs. B -1 to B -4 were marked.