NATIONAL INSURANCE CO LTD Vs. GURMEJ KAUR

JUDGEMENT

(1.) This appeal is directed against the order dated 5.4.1999 passed by the State Consumer Disputes Redressal Commission, Maharashtra, in Case No. C-266/96.

(2.) The facts leading to the controversy are that the complainant owned a Tata Truck which was insured with the National Insurance Co. Ltd., the appellant herein, for the period 20.6.1995 to 19.6.1996. The vehicle was purchased under hire-purchase agreement with M/s. Apple Industries Ltd., Nagpur. The vehicle met with an accident on 28.3.1996 at about 10.00 a.m. Diesel from the tank leaked out and associated with sparks, the truck caught fire and fell in the ditch. It was case of total loss. The claimant lodged a claim of Rs. 6,52,080/- towards the total loss of the truck. The Surveyor appointed by the Insurance Company reported about the total loss of the vehicle. Despite the report of the Surveyor, the Company did not pay the amount and it resulted in filing a complaint before the State Commission.

(3.) The claim was contested on behalf of the Insurance Company on the ground that the driver of the vehicle was not holding a valid licence.