NATIONAL INSURANCE COMPANY LIMITED Vs. AMARJOT SINGH BATH

JUDGEMENT

(1.) In this appeal filed against judgment dated 22.8.2003 passed in Complaint Case No.970 of 2002 by District Consumer Disputes Redressal Forum-I, U. T. , Chandigarh [for short hereinafter referred to as the District Forum], the sole contention of the learned Counsel for the appellant is that the driver of the offending vehicle namely Ms. Harpreet Bath was not holding a valid driving licence for driving Tata Safari bearing temporary registration No. HR-01j-7848-Y. It has not been disputed that the aforesaid vehicle was insured by the appellant-National Insurance Company Limited [for short hereinafter referred to as the Insurance Company] vide policy/cover No.652846. The period covered by the said policy was w. e. f.11.4.2001 to 10.4.2002. The aforesaid vehicle met with an accident on 6.5.2001 at 8.30 p. m. at Chandigarh and it was totally smashed and was beyond repairs. A claim was lodged under the policy of insurance. A Surveyor was appointed by the appellant Insurance Company who submitted his report recommending that the net assessed amount was Rs.3,98,128/-. The salvage value of the damaged part of the insured vehicle was assessed at a sum of Rs.30,000/- if disposed timely. The salvage of the aforesaid vehicle, it was alleged, was sold with the consent of the appellant-Insurance Company for a sum of Rs.3,10,000/- and the possession of the vehicle was also handed over. The respondent/complainant lodged claim of the remaining amount of Rs.3,30,000/- which was repudiated on the ground that the driver did not possess a valid driving licence.

(2.) The appellants/o. Ps. appeared before the District Forum and they contested the complaint case wherein they defended the repudiation of the claim on the ground of the driver of the vehicle not possessing a valid driving licence to drive Tata Safari vehicle. The District Forum received evidence from the respondent/complainant as also the appellants/o. Ps. and recorded a finding that the driver of the vehicle was validly authorised under the driving licence to drive Tata Sumo as well as Tata Safari and as such, the repudiation of the claim was without any legal basis. The complaint was allowed and the O. Ps. were directed to pay a sum of Rs.3,30,000/- with interest @ 7% per annum w. e. f.5.2.2002 after allowing a period of three months for settling the claim. The costs of litigation were quantified at Rs.1,100/-.

(3.) Feeling aggrieved against the impugned order, this appeal has been filed. Notice of appeal was served on the respondent/complainant who put in appearance through Mr. Rajesh Khurana, Advocate.