ORIENTAL INSURANCE CO. LTD Vs. SANJEEV KUMAR

JUDGEMENT

(1.) This revision petition has been filed by Oriental Insurance Co. Ltd. The concurrent findings of both the Fqra below go against the petitioner. The main question which falls for consideration is "whether the driving licence of the driver was or was not a valid licence?".The facts giving rise to this petition may be summarised as follows.

(2.) Sanjeev Kumar, the complainant is the registered owner of Mahindra pick-up LMV bearing No. HP-33-0223. The said vehicle was insured with the Oriental Insurance Co. Ltd. During the currency of the Policy, the said vehicle met with an accident on 11.1.2003 at Garaudu, Near Kalkhar. According to the complainant, Sanjeev Kumar, the said vehicle was driven by duly licensed driver. Thereafter, the dispute about the insurance amount arose between the parties and the complaint was filed by Sanjeev Kumar, the complainant, before the District Forum.

(3.) The District Forum accepted the claim and directed the petitioner to pay to the respondent a sum of Rs. 1,27,770 together with interest @ 6% p.a. from 8.7.2003, the date of repudiation, till the entire amount is realised as well as Rs. 2,500 as compensation towards the harassment and costs of litigation.