UNITED INDIA INSURANCE CO LTD Vs. R RAMAKRISHNA

JUDGEMENT

(1.) M/s. United India Insurance Co. Ltd. , which was opposite party before the District Forum, Mandya, has filed this appeal challenging the order dated 17.9.1996 passed in MDF/com. No.73/95 directing it to pay a total sum of Rs.32,000/- in all with interest at 12% p. a. from 1.7.1994 till the payment to the complainant.

(2.) The complainant was the owner of the tractor with trailer bearing registration No. KA-11/735 and 736 and was driving the said tractor himself for the purpose of cultivation of his land, had insured the same with United India Insurance Company, Mandya. On 7.3.1994, the said vehicle met with an accident by dashing against a roadside tree while trying to avoid a collusion with a motor cycle coming in the opposite direction and was badly damaged. This fact was intimated to the police and to the opposite party-the Insurance Company. A Mahajar was drawn out by the police. A Surveyor of the opposite party visited the spot and furnished his report regarding estimation of the damage. On the recommendation of the Surveyor, the complainant got it repaired at B. N. Auto Service and paid the entire repair charges and preferred a claim petition furnishing all the necessary documents, but the Company repudiated the said claim on 8.7.1994. Hence, the complainant filed the present complaint on 16.9.1995 claiming a sum of Rs.1,64,108.50 with interest and costs.

(3.) On receipt of the notice from the District Forum, the opposite party filed its written version contending that the complainant as a driver had only a driving licence to drive motor-cycle and a tractor and did not possess a valid and effective driving licence to drive tractor with trailer and as such repudiated the claim. It requested the District Forum to dismiss the complaint.