NATIONAL INSURANCE COMPANY LIMITED Vs. RAJESH OHRI

JUDGEMENT

(1.) The present revision petition has been filed by the National Insurance Co. Ltd. (herein after referred to as the 'Petitioner') against the order of the State Consumer Disputes Redressal Commission, Punjab (herein after referred to as the 'State Commission') in Appeal No. 1271/01. Rajesh Ohri who was the original complainant before the District Forum is the Respondent herein.

(2.) Respondent in his complaint before the District Forum has contended that he is the owner of a Truck bearing registration No. PB-07-E-7110 which was got comprehensively insured from the Petitioner from 6.10.1998 to 5.10.1999 for Rs. 6 lakh. The Truck met with an accident and was badly damaged on 27.4.1999 in the area of Village Kunka, PS Amer, District Jaipur while it was being driven by one Sucha Singh. An intimation about this was conveyed inter alia to the Petitioner/Insurance Company. Necessary documents, etc. were also provided so that the insurance claim could be settled. While the Surveyor appointed for the purpose after survey assessed the loss at Rs. 89,322.76, the claim of the Respondent was repudiated on the grounds that the driving licence of Sucha Singh was fake. Respondent challenged this repudiation and stated that the driver had a valid driving licence and this was subsequently renewed from the Licensing Authority, Hoshiarpur. This was confirmed from the District Transport Authority (DTA), Hoshiarpur. Further, the Respondent before employing the driver took his "driving test" to satisfy himself that he was hiring a proficient driver. Keeping in view these facts, the claim was wrongly repudiated. Respondent, therefore, filed a complaint before the District Forum requesting that Petitioner be directed to pay him Rs. 4 lakh as compensation for the damage to the truck, Rs. 50,000 for harassment along with interest @ 18% from the date of accident till realization with costs.

(3.) Petitioner while admitting that the Truck was insured with it and that following the accident the Surveyor had assessed the loss at Rs. 86,322.76 has stated that after verification it was found that the driver Sucha Singh was having a fake/forged licence and, therefore, the claim was rightly repudiated.