ESCORTS LTD Vs. PRAHALAD SINGH

JUDGEMENT

(1.) This appeal is directed against the order of the District Forum, Kurukshetra dismissing the complaint preferred by the appellant.

(2.) The appellant is the owner of the truck No. HRQ-9125, which was fully insured with the respondent-Insurance Company. During the currency of the said insurance, the truck met with an accident on the 24th of March, 1991 and at that time it was being driven by Naib Singh, driver. Invariably, the appellants lodged a claim and damage to the truck was got assessed by a surveyor deputed by the respondent to the tune of Rs.50,000/-. However, the respondent later repudiated the claim on the ground that Naib Singh, the driver of the truck did not hold a valid. driving licence at the time of accident. Aggrieved, thereby the complaint was preferred.

(3.) The respondents resolutely defended the complaint and took up the primal pleas that the driver of the vehicle at the time of accident did not have availed driving licence and this being contrary to the insurance policy, the claim was rightly rejected.