MAKHAN SINGH Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) THE complainant is the owner of tractor bearing registration No. JK -14 -5626 and it was insured with the O.Ps. under Policy No. 352503/31/05/00003268 which became operative on 13.3.2006 and had to expire on 12.3.2007. The risk covered thereunder was to the extent of Rs.4,64,987. The case of the complainant is that on 16.1.2007 the above said insured tractor due to brake failure met with an accident at a place known as "Badora", falling within the jurisdiction of Tehsil Mahore. The driver of the tractor namely, Mohd Adrees had died on the spot, immediately thereafter the claim was raised with the O.Ps. and on their direction the complainant submitted all the required documents for settling the claim. All of a sudden, on 13.12.2007he received a letter from the O.Ps. that his claim was not payable as the driver was not having a valid driving licence. Not only that, the required formalities had not been fulfilled. The complainant has pleaded in the complaint that the denial of his insurance claim is an illegal act and has put up a claim of Rs. 7.75 lacs as compensation under three heads which have been delineated in para 14 of the complaint.

(2.) IN the written version the main defence taken by the O.Ps. is that the claim had been closed because the complainant had not fulfilled the formalities and the driver was not holding a valid driving licence. However, the assessment of loss made by the Surveyor Mr. Mukesh M.Purdhani on the basis of net loss to the extent of Rs. 4,22,662 has been admitted.

(3.) IN support of the complaint the complainant has led his evidence on affidavit and was cross -examined by the O.Ps. He has produced Onkar Singh as his witness. The O.Ps. have examined Mr. Ranbir Singh Thakur, Branch Manager as a witness and placed on record the report of investigation prepared by Lt. Col. KNS Samyal. He is a licensed investigator and had been directed by the O.Ps. to investigate the claim. The Investigator has obtained a certificate from the licensing authority namely, ARTO, Udhampur which recites that the insured tractor falls within the category of "Light Motor Vehicle" and for driving the same the driver was required to have endorsement thereon for "Tractor Light Motor Vehicle".