BHUPENDRA SINGH Vs. UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) The complainant has filed this complaint for recovery of Rs.2,60,000/- alongwith 18% per annum compound interest with monthly rent of Rs.5,000/- amounting to Rs.1,65,000/- from the date of accident till the date of payment on account of harassment, mental agony, physical torture etc. A sum of Rs.5,000/- has also been demanded as cost of the proceedings.

(2.) The facts of the case stated in brief are that the complainant owns truck No. USW 7491 which was got insured with the opposite party, United India Insurance Company Limited. The policy was effective from 30.9.1988 to 29.9.1989 and was insured for a sum of Rs.2,60,000/-. The said truck met with an accident when it was carrying surgical scientific goods. According to the complainant this vehicle caught fire while on road, 8 kms. away from Nanpara, at a place known as Rupaedid Road. The vehicle was completely destroyed alongwith the goods which it was carrying. A report to this effect was lodged with the Nanpara Police Station by the truck driver Ram Singh. The information was sent to the opposite party and a spot inspection was got done. Thereafter a second survey was also got done. The complainant put forward the claim but the same was repudiated on 20th February, 1990 on the ground that the driving licence of the driver was a fake one which amounts to breach of provisions of Motor Vehicles Act as well as conditions of the policy.

(3.) It is alleged that the complainant's driver Ram Singh was employed after verifying and checking his driving licence and believing it as a true and genuine as per the Motor Vehicles Act. On verification after the accident it was found that the licence is genuine. It is further alleged that the truck was financed by Kashi Nath Seth Bank, Shahjahanpur. The complainant wrote to the opposite party, Insurance Company, letters on 15.3.1990 and 13.8.1990 but nothing came out of it. Hence the complaint was filed.