SOLARTECH S-U Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This revision petition was dismissed on 11.5.2005 for non-prosecution. Subsequently, an application was filed for restoration on 18.5.2005 stating that Mr. I.K. Mehta, Senior Advocate could not appear on account of serious illness and he was taking treatment at Chandigarh. We consider that there is a justifiable reason for recall of order. Accordingly, the order is recalled and the case is restored to its original number.

(2.) At the request of the Senior Counsel for the petitioner and the Counsel for the respondent, the case was taken up for hearing. The dispute involved in this case lies in a narrow compass whether the driver of the insured vehicle which met with an accident during the currency of the insurance policy i.e., on 29.1.1997 at Jalandhar, had a valid licence or not.

(3.) A Tata Mobile vehicle bearing No. CH-01K-6687 belonging to the complainant was insured comprehensively by the opposite party. It met with accident on 29.1.1997 at Jalandhar and the claim was lodged with the opposite party. The opposite party appointed the Surveyor who assessed the loss at Rs. 1.62 lakh, but it repudiated the claim vide its letter dated 27.6.1997 on the plea that the driver was competent to drive car and jeep whereas the vehicle in question was a Tata Mobile 207. According to the complainant this is an arbitrary action on the part of the opposite party as the driver possessed valid driving licence for LMV and the vehicle in question falls in that category. He prayed that the opposite party be directed to pay the total sum insured viz., Rs. 2,40,000 along with interest and compensation for harassment, costs of the case, etc.