NATIONAL INSURANCE CO. LTD. Vs. SHIV SHANKAR SONI

JUDGEMENT

(1.) This order will dispose of Cross Revision Petitions filed by the Complainant and the Opposite Party against the same impugned order. Revision Petition No. 2718/07 has been filed by the National Insurance Co. Ltd. which was the opposite party before the District Forum while the Revision Petition No. 2093/07 has been filed by Shiv Shankar Soni who was the Complainant before the District Forum. Complainant would be referred to as "the Complainant" whereas the Opposite Party would be referred to as "Insurance Company". Facts:

(2.) Complainant got his Tata Indica Car bearing registration No. RJ-19T-2643 insured with the Insurance Company for the period from 1.2.2002 to 2.2.2003 by paying the premium of Rs. 7,831. On 2.9.2002, the said car met with an accident in the route of Rohat to Jodhpur with a truck bearing registration No. RJ-07G-1970 and sustained damages. An FIR was lodged with the Police Station, Rohat and intimation about the accident was also given to the Insurance Company. On being intimated, Insurance Company appointed a Surveyor to assess the loss. Surveyor assessed the loss at Rs. 1,45,000 on total loss basis. However, the Insurance Company repudiated the claim on the ground that the driver of the car did not have a valid and effective driving licence to drive the taxi at the time of the accident. Complainant filed the complaint before the District Forum alleging that the vehicle at the time of accident was being driven by an unauthorized person Sunil whose service had been terminated by the Complainant a few days earlier. That person had stolen the vehicle and an FIR to the said effect was lodged with the Police Station Mahamandir on 2.9.2002. If that unauthorized person did not have a valid and effective driving licence then it had no impact on his claim.

(3.) Insurance Company, on being served, put in appearance and filed its written statement resisting the complaint, inter alia, on the grounds; that at the time of accident the vehicle was being driven by one, Anil Sankhla who did have a valid and effective driving licence to drive a taxi; that report of theft of vehicle was fake; that there was no deficiency in service in repudiating the claim and the complaint was liable to be dismissed.