NEW INDIA ASSURANCE CO LTD Vs. GURDEEP SINGH

JUDGEMENT

(1.) This is an appeal under Sec.15 of the Consumer Protection Act (hereinafter called 'the Act') against the judgment and order dated 13.3.2002 passed by District Consumer Forum, Kanpur Dehat in Complaint Case No.268/2000.

(2.) A complaint under Sec.12 of the Act was preferred by the complainant/respondent with the allegation that he was the owner of a transport vehicle No. UP-78n/3627 which was comprehensively insured with the appellant for a period of 30.3.1997 to 29.3.1998 and the said vehicle met with an accident on 7.11.1997 and subsequently after lodging the FIR with Police Station Bhognipur Claim No.57/1190 for indemnification of the loss was placed before the appellant company who subsequently deputed the Surveyor who assessed the loss for Rs.1,75,000/-.

(3.) It was further alleged that it was at one stage that compensation of Rs.1,75,000/- was offered by the appellant company to the complainant which was also accepted but subsequently through a letter in question that offer of compensation of Rs.1,75,000/- was recalled on the filmsy ground that the driver was not possessed of the valid driving licence. Consequently, the present complaint was filed. In the written statement factum of accident taking place during the currency of insurance and the vehicle being comprehensively insured and Surveyor assessing the loss of Rs.1,75,000/- and offering of compensation was accepted. However, it was pleaded that since it was in the knowledge of the claimant that the driver at the time of accident was not possessed of the valid driving licence the liability of indemnification did not arise.