DHARAM PAL Vs. UNITED INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) Dharam Pal, the complainant/petitioner purchased vehicle Max Pick-up Track in the year 2003 and insurance cover was obtained from United India Insurance Co. Ltd., the respondent, for the period 19.12.2003 to 18.12.2004. On 5.3.2004, the vehicle met with an accident in the area P.S. Loharu, District Bhiwani. FIR was lodged and vehicle was damaged in the accident causing loss of about 1.50 lakh. The FIR was lodged by one Dariya Singh. In the FIR, the name of the driver was mentioned as Kuldeep, while according to the petitioner, it was driven by Anil. On inquiry, Anil submitted his driving licence. On 27.9.2004, the claim of the petitioner was repudiated on the grounds that everybody sitting in the vehicle, including the driver were under intoxication, which was in violation of the policy. Secondly, it was stipulated in the policy that three persons, including the driver could sit, whereas FIR shows that five persons were sitting there.

(2.) The complaint was filed with the District Forum. The District Forum came to the conclusion that OP1 failed to produce on record the Medico-Legal Certificate of the driver to prove that at the time of the accident, the driver was under the intoxication. Secondly, it placed reliance on the authority, reported in B.V. Nagaraju v. Oriental Insurance Co. Ltd., 1996 2 CPJ 18 , wherein it was held that the claim cannot be repudiated on the ground that the goods vehicle was carrying more persons than permitted.

(3.) The State Commission, however, accepted the appeal mainly on the ground that as per the FIR, the vehicle was being driven by Kuldeep Singh, who could not produce his licence.