NEW INDIA ASSURANCE COMPANY LIMITED Vs. MOHD SABEER

JUDGEMENT

(1.) This appeal under Sec.15 of the Consumer Protection Act, 1986 is by opposite party, the New India Assurance Co. Ltd. which has been directed to pay to the respondent-insured a sum of Rs.1,41,000/- for the loss caused to his motor bus in an accident.

(2.) Admittedly, the bus belonging to the respondent-complainant was insured with the appellant-company for Rs.7,00,000/- and the accident in question took place when the insurance was in force. However, the claim of the respondent-complainant was repudiated by the appellant-company on the ground that the accidental loss or damage was caused to the bus whilst the permitted driver of the bus was under the influence of intoxicating liquor. The Forum below though held that the driver of the bus at the time of the accident was under influence of liquor but still allowed the complaint holding that although the bus was being driven by the said driver with the consent of the owner-insured but the latter had no knowledge of the former having consumed liquor and as such the exception provided under Clause 2 (c) of the policy was not attracted in the case.

(3.) We have heard Mr. V. K. Saxena, learned Counsel for appellant. None has however appeared for the respondent, Tough served duly and even after issuance of SPC, on the date and time of hearing of the appeal and was, therefore, proceeded against ex parte.