NATIONAL INSURANCE CO LTD Vs. BALDEV SINGH

JUDGEMENT

(1.) This is an appeal filed by the opposite party in Complaint Case No.69/91 on the file of the District Forum, Sangrur, challenging the correctness of the order dated December 19, 1991, passed by the District Forum in so far as it directed the opposite party- appellant to pay Rs.15.000/- per annum with effect from 16.1.1989 till the final realisation of the amount and also awarded Rs.110/- as litigation expenses under the said order.

(2.) The complainant filed a complaint before the District Forum stating that he obtained the services of the National Insurance Company by getting his vehicle bearing registration No. PCT 8787 insured with effect from 12.9.1988 to 11.9.1989. That vehicle was involved in an accident resulting in the death of Ved Parkash alias Bilu Ram, resident of Dhuri on the night intervening 14.1.1989 and 15.1.1989. It was alleged that he effected a settlement with the heirs of the deceased with the permission of the Company through its Divisional Manager, Sangrur, and paid Rs.15,000/- to Smt. Shimla Devi widow of the deceased on 16.1.1989. On these grounds, the complainant requested the District Forum to direct the opposite party to indemnify him for the payment made by him to Smt. Shimla Devi. It was alleged that the company was liable to pay the amount under 'no Fault Liability' under Sec.140 of the Motor Vehicles Act, without proof or finding fault and production of documents if the death was prima facie proved. The opposite party filed version on 13.9.1991. It traversed the allegations made by the complainant. Para 4 of the version of the case is as follows: -"as the driving licence of the driver of the vehicle was not valid at the time of accident, the claim is not payable as detailed in para 3 of the reply. As the claim is not payable, the complainant is not entitled to claim interest, costs and litigation expenses.

(3.) In the additional plea, it was stated that the District Forum had no jurisdiction to try the complaint as the claim of the claimant had been repudiated by the Insurance Company.