NATIONAL INSURANCE CO LTD Vs. NAZIR AHMAD

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 15th May, 1995 passed by the District Forum, Pithoragarh allowing a claim of Rs.84,000/- along with interest and compensation of Rs.5,000/- in favour of the complainant.

(2.) The brief facts of the case are that the complainant was the owner of mini truck canter 1988 model, No. UP 03/0322. It was insured. During the insurance period on 9.5.1991, it met with an accident. The claimant lodged the claim with the Insurance Company. The Surveyor assessed the loss of Rs.84,000/-. The claim was repudiated by the Insurance Company. The claimant filed a complaint. The Insurance Company, inter alia, contested on the ground that the vehicle was a medium goods vehicle where the driver of the vehicle had a licence for driving a light motor vehicle. The vehicle was, therefore, being driven by a person who had no valid licence to drive the vehicle at the time of accident. This is the only point which was agitated in this appeal.

(3.) We have heard the learned Counsel for the parties and gone through the records. It is admitted fact that the vehicle is a mini truck canter 1988 model. Insurance is also admitted. It is also admitted that the driver Shri Dinesh Chandra was holding a licence only for driving Light Motor Vehicles. It was endorsed for all hill routes of Kumaon region. It is admitted fact that he was not holding any licence for driving a medium motor vehicle.