GAFOOR KHAN Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) This appeal is directed against the order of the learned District Forum, Jaipur-I dated 13.2.1995 whereby the complaint filed by the appellant has been dismissed.

(2.) Facts relevant for disposal of this appeal in brief are that the appellant has been the owner of Jeep bearing No. RJ 14t-0531 which was insured with the respondent for the period between 24.1.1992 and 23.1.1993. It met with an accident on 18.2.1992 and got damaged. The appellant got repaired it by spending an amount of Rs.40,328.18. Since the respondent repudiated his claim by their communication dated 21.3.1993, he approached the District Forum to claim a total amount of Rs.50,328.18 including Rs.10,000/- as compensation for loss to his business.

(3.) The complaint was resisted by the respondent Insurance Company mainly on the ground that at the time of accident, its driver Mohd. Rafiq was not having an effective and valid driving licence. The District Forum accepted the version of the respondent and dismissed the complaint, hence this appeal. Since none has appeared despite notice, we perused the material available on the record and produced by the parties before the District Forum.