NATIONAL INSURANCE COMPANY LIMITED Vs. DILBAGH RAI SHARMA

JUDGEMENT

(1.) This is an appeal filed against judgment and order dated 3.12.2001 passed by the District Consumer Disputes Redressal Forum-I, U. T. , Chandigarh (for short hereinafter referred to as District Forum) in Complaint Case No.1048 of 1997 filed by Sh. Dilbagh Rai Sharma of Delhi Shimla Goods Carrier (Regd.), Plot No.6, Transport Area, Chandigarh allowing the complaint and directing the O. Ps.-appellants Regional Manager and Branch Manager of National Insurance Company Limited, both having offices at Chandigarh in Sector 34 and Sector 17-D, Chandigarh, to pay to the respondent/complainant a sum of Rs.1,97,812/- along with interest @ 10% per annum from the date of repudiation i. e. , 30.5.1996 till its payment.

(2.) Undisputedly, truck bearing No. HR-03-8414 was insured comprehensively with the National Insurance Company Limited (for short hereinafter referred to as the Insurance Company) vide policy of insurance bearing No.31/94/640857. On 7.3.194, the truck aforesaid was being driven by driver Shri Satish Kumar when it met with an accident near village Saha on the way from Chandigarh to Delhi. The truck was damaged extensively and in the accident Shri Balwinder Singh, cleaner of the truck died at the spot. An FIR No.63 dated 8.3.1994 was registered and a claim was filed by the respondent/complainant with the Insurance Company/appellant under the policy of insurance. The claim was repudiated by the appellant Insurance Company on the ground that at the time of the accident, the truck in question was being driven by the cleaner Shri Balwinder Singh who did not hold a valid driving licence and since the complainant contravened the terms and conditions contained in the policy of insurance by permitting the cleaner of the truck having no driving licence to drive the truck, and as such the claim was repudiated. The respondent/complainant filed the complaint case alleging deficiency in service on the part of the Insurance Company in repudiating the claim filed by the respondent/complainant who reiterated the fact that at the time of the accident, the truck was being driven by the driver Shri Satish Kumar who had valid driving licence and it was categorically denied that the cleaner of the truck Shri Balwinder Singh holding no driving licence was at the steering and driving the truck.

(3.) The notice of the complaint case was issued to the O. Ps.-Insurance Company who put in appearance and filed reply wherein the factum of the truck being insured comprehensively with the Insurance Company was not denied and it was also not denied that the appellant-Insurance Company had issued a policy of insurance in respect of the said truck. However, the Insurance Company took a plea that the truck was driven by a person who was not authorized to drive the truck and he had no valid driving licence. The respondent/complainant filed his own affidavit whereas appellant Insurance Company filed affidavit of Shri P. Singh.