ORIENTAL INSURANCE COMPANY LTD Vs. TARSEM KUMAR

JUDGEMENT

(1.) The appellant-Oriental Insurance Company Limited seeks to challenge the order of the District Forum, Ambala directing payment of Rs.60,993/- against the insured respondent claim of Rs.95,000/- for loss and damage to his vehicle by accident

(2.) In the complaint preferred by the respondent, it was averred that he was the registered owner of the truck No. HYX 4970, which was fully insured with the appellant company. This vehicle met with a road accident near Deoban in Uttar Pradesh on 24/25th of November, 1989. The First Information Report with regard thereto was promptly lodged at the Police Station and the insurers were also immediately informed for necessary action. The appellants appointed a surveyor, who after enquiry tenderd his survey report to the appellant. However, the appellants nevertheless, failed to settle the claim and thus compelled the complainant to knock at the door of the District Forum on 7th of June, 1991.

(3.) In the written statement preferred by the appellants, a preliminary objection was strenuously pressed that because the insured's claim stood repudiated by the Company, therefore, the District Forum had no jurisdiction to try the complaint. On merits however, the factum of the truck having been insured and the accident thereto was admitted. The stand taken was that from the surveyor's report, it appears that at the time of the accident the driver of the truck was under influence of liquor and also there were some passengers in the same who allegedly had paid some fare, therefor. On these somewhat tenuous grounds, the liability was sought to be totally repudiated and the stand was also taken that the damage was highly exaggerated and the surveyor had assessed it only at Rs.32,075/-.