NATIONAL INSURANCE CO LTD Vs. VIJAYA DEVI

JUDGEMENT

(1.) -this is an appeal against the order dated 24.11.2003 passed by the District Forum. , Tehri, Garhwal whereby the complaint of the complainant was allowed for recovery of Rs.38,000/- (Rupees thirty-eight thousand ).

(2.) The brief facts of the case are that the complainant lodged a complaint that she is the owner of the vehicle No. UA07a-4970 (registered as Ambassador Taxi ). It met with an accident on 8.9.2002 at Tehri-Srinagar road near Pokhal. The complainant spent Rs.38,350/- (Rupees thirty-eight thousand three hundred fifty) in its repairs. The Insurance Company is not paying the amount of expenses, although the vehicle was insured on the date of accident. She has lodged the claim on 10.9.2002. It was repudiated on 26.12.2002 on the ground that the driver of the vehicle was not holding driving licence endorsed for hill area, therefore, the driving was against the terms of the policy and, therefore, the claim was repudiated.

(3.) This is exactly the written statement of the appellant who has filed this appeal also on the same ground.