UNITED INDIA INSURANCE CO LTD Vs. VED PRAKASH

JUDGEMENT

(1.) United India Insurance Company Limited, the opposite party before the District Consumer Disputes Redressal Forum, Jhajjar (District Forum for short) are the petitioners in this revision petition. They are challenging the order passed by the District Forum and affirmed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (State Commission for short), in which the petitioner/insurance Company have been directed to reimburse the claim of Rs.1,32,000.00 along with interest @ 9% per annum from the date of institution of the complaint till its payment and in addition to pay a sum of Rs.1000.00 as compensation, besides another sum of Rs.1000.00 as cost of litigation.

(2.) The dispute is in a very narrow compass. The insured truck of the respondent-complainant met with an accident on 1st of February, 1998. An FIR was registered in the concerned police station and the petitioner/opposite party/insurance Company, on being informed, appointed a surveyor. The surveyor assessed the loss on account of damage to the truck at Rs.1,68,000.00. The claim, however, was repudiated on the ground that the driver of the vehicle at the time of the accident was not holding a valid and effective driving license.

(3.) Dissatisfied with the repudiation of the claim, the respondent-complainant knocked the doors of the District Forum and filed a consumer complaint before it, which was opposed by the petitioner-Insurance Company. On the basis of the pleadings and the evidence before it, the District Forum overruled the objection of the petitioner/insurance Company that the driver at the time of the accident was not holding a valid and effective driving license and directed them to honour the claim in the terms stated above.