NEW INDIA ASSURANCE CO LTD Vs. NEELAM SALUJA

JUDGEMENT

(1.) This is Insurance Company's appeal against the judgment and order dated 27.5.2003 passed by the District Forum, Almora, whereby a compensation of Rs.31,900/- was allowed to the complainant along with interest and cost.

(2.) The brief facts of the case are that the complainant Smt. Neelam Saluja has a Maruti Van, which was insured with the appellant. On 28.1.2001 while her husband Virendra was travelling from the van, truck No. UP 01/4448 dashed the van while the truck was being driven negligently and carelessly. The husband of the complainant got injured. The driver of the van Shri Devendra was also seriously injured. The complainant got her van repaired and incurred expenses of Rs.31,900/-. The Surveyor was appointed by the Company who has also surveyed the loss. In spite of notices, the claim was not allowed, hence, the complaint was filed.

(3.) The main plea taken by the Insurance Company was that the driver Devendra has got no valid driving licence to drive in hill area. According to the learned Forum, Devendra was driving the vehicle and admittedly, he has got no endorsement for driving the vehicle in hill area. The learned Counsel for the appellant argued that this is necessary for driving in the hill area.