PRAHALAD KUMAR Vs. INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 6.7.1992 passed by District Consumer Forum, Gorakhpur in Complaint Case No.10/1992.

(2.) The facts of the case stated in brief are that the complainant was the owner of Maruti Car. He got this car insured with the New India Assurance Company Limited for a period of one year from 11.8.1989. This vehicle met with an accident on 19.9.1989 at about 11.30 a. m. on account of which it was badly damaged. The vehicle was driven by a licensed driver and was coming from Bihar to Gorakhpur this vehicle struck against the truck near the Turra Nala. The information was sent to the Insurance Company. A spot survey was made by the Insurance Company. Thereafter final survey was made on 17.10.1989. A sum of Rs.1,14,000/- was assessed as damage by the Surveyor but the Insurance Company has not made the payment inspite of several demands. The complainant has prayed that the Insurance Company be directed to make the payment of Rs.95,000/- along with interest.

(3.) The opposite party, New India Assurance Company Limited in its written version has alleged that at the time of accident, the vehicle was driven by one driver named Rishi. This fact was mentioned in the First Information Report but in the information conveyed to the Insurance Company the name of the driver was given as Ram Nivas @ Rishi. Rishi had no valid driving licence to drive the vehicle, hence the name was changed. The complainant is, therefore, not entitled to claim any damages from the Insurance Company.