UNITED INDIA INSURANCE COMPANY LTD Vs. VIJAY KUMAR

JUDGEMENT

(1.) Since these appeals have arisen from the same order of the District Forum below, as such have been heard together and are being disposed of by this common order.

(2.) Vehicle bearing registration No. HP-22-5195 was insured with the appellant and cover note issued in this behalf is Annexure C-1. Its validity was from 28.12.2002 to 27.12.2003. This vehicle met with accident on 12.1.2003. FIR No.42 of 2003 under Sections 279 and 337, IPC was registered with Police Station, Hamirpur. Extensive damage was caused to the vehicle in question and according to the respondent he spent Rs.1,11,485 in getting it repaired. This claim was repudiated by the appellant, therefore, respondent approached the District Forum below for redressal of his grievance because there was deficiency in service on its part.

(3.) As per complainant when he hired the driver, Ajay Kumar, he was holding driving licence issued by the Licensing Authority, Dehradun, it was renewed by the Licensing Authority, Hamirpur from 4.10.2001 to 3.10.2004 thus it was not fake. Further case of the respondent was that under law he was required to inspect the driving licence and not its validity. In this backdrop rejection of the claim by the appellant on the ground that licence of the driver was fake, he thus claimed sum of Rs.1,11,485 with interest and litigation expenses to the tune of Rs.5,000. When put to notice, appellant while admitting the insurance controverted the claim set out in the complaint on a number of grounds. However, its main thrust was on the fact that licence of the driver was fake and the same was proved as such. Therefore, the respondent was not entitled to any amount. Claim was exaggerated. In this behalf reliance was placed by the appellant on the report of the Surveyor. Annexure R-2 filed with the reply. It was prayed that complaint be dismissed because it raises complicated questions which could not be decided in summary proceedings.