HAZARA BEGUM Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THE complainant/petitioner, who owned truck bearing registration No.HP -09 -A -0699, got the said truck insured with the respondent company for the period from 05.03.2003 to 04.03.2004. Therefore, the said truck met with an accident on 26.05.2003. The petitioner/complainant submitted a claim of Rs.3,50,000/ - to the insurance company. The claim was rejected on the ground that the driver of the vehicle did not possess a genuine driving license and a gratuitous passenger was travelling in the truck at the time of accident. Being aggrieved from the rejection of the claim, the petitioner/complainant approached the concerned District Forum by way of a complaint.

(2.) THE complaint was resisted by the insurance company on the ground that the driver of the truck namely Sadiq Mohammed did not have a valid driving licence at the time the truck met with an accident and an unauthorized person was travelling in the truck.

(3.) THE District Forum vide its order dated 30.06.2009, directed the insurance company to indemnify the complainant, to the extent of Rs.1,97,000, along with interest on that amount @ 9% per annum form the date of filing of the complaint. The complainant was also awarded cost of litigation amounting to Rs.3,000/ -. Being aggrieved from the order of the District forum, the insurance company approached the concerned State Commission by way of an appeal.