NATIONAL INSURANCE CO. LTD. Vs. ALAM ALI

JUDGEMENT

(1.) This Revision Petition has been filed by the Petitioner against order dated 20.11.2007 passed by Learned State Commission in Appeal No. 1126 of 2000- Alam Ali Khan Vs. National Insurance Co. Ltd., by which while allowing appeal, order of the District Forum dismissing complaint was set aside.

(2.) Brief facts of the case are that Complainant-Respondent got his tanker No. RJ 21 G 0531 insured with Opposite Party/ Petitioner for a period of one year from 6.9.1995 to 5.9.1996 for Rs. 3,50,000/-. On 13.7.1996, tanker met with an accident and was damaged . At the time of accident, tanker was driven by Feroz Beg but actually driver was Inayat Khan. Complainant claimed Rs. 1,31,899/- towards cost for repair of the tanker and submitted claim to Opposite Party. Claim was repudiated by Opposite Party on the ground that at the time of accident, driver was having learner's license which was not valid. Alleging deficiency on the part of Opposite Party, Complainant filed complaint before District Forum. Opposite Party resisted complaint and submitted that as the vehicle was driven by Feroz Beg having learner's license, claim was rightly repudiated. It was, further, submitted that surveyor assessed loss of only Rs. 44,034/- and prayed for dismissal of complaint. Learned District Forum, after hearing both the parties, dismissed the complaint as barred by limitation and driver was having learner's license. Appeal filed by the Complainant was allowed by Learned State Commission and Rs. 44,034/- was awarded as compensation against which this Revision Petition alongwith application for condonation of delay of 74 days has been filed.

(3.) Heard Learned Counsel for the Petitioner and proxy Counsel for Respondent refused to argue and had not deposited Rs. 1,000/- as cost imposed upon him