NEW INDIA ASSURANCE CO LTD Vs. DAUD SIDDIQUI

JUDGEMENT

(1.) This is Insurance Company's appeal against the order dated 21.7.2000 passed by District Forum, Almora, whereby the O. D. claim of the complainant for recovery of Rs.60,000/- was allowed.

(2.) The brief facts of the case are that the complainant was the owner of Maruti van which was insured. During the insurance period, it met with an accident on 20.2.1999. One Shri Jogaram died in the accident. F. I. R. was lodged with the Police Station. The driver of the Maruti van was Shri Rajendra Singh. The vehicle was totally damaged. The complainant lodged a claim before the Insurance Company. The Insurance Company repudiated it. Therefore, the complaint was filed. It is alleged in the Written Statement that there were 12 persons in the vehicle at the time of accident. While according to the complainant, there were only 5 persons. It was further alleged that there is no proper permit etc.

(3.) During the course of hearing before the Forum, the papers of the vehicle were produced and the learned Forum found that the papers were in order. The question was regarding the driving licence. It is said that the driver was not having a licence for driving in the hilly area. A copy of the driving licence was produced as well and there is a specific endorsement in the licence in the year 1998 itself that the driver was authorised to drive in the hilly areas as well. His licence was renewed upto 2001.