NEW INDIA ASSURANCE CO LTD Vs. BIJAYANANDA MOHANTY

JUDGEMENT

(1.) The complainant/respondent, owned a bus bearing registration No.OR-13-4797 which he had got insured with the petitioner insurance company for the period from 13-03-1999 to 12-03-2000 for the insured amount of Rs.8,00,000/-. The aforesaid vehicle, while being driven by one Surendra Nayak from Puri to Cuttack, met with an accident and got severely damaged. The surveyor appointed by the insurance company inspected the vehicle which the complainant claimed to have later got repaired at a cost of Rs.3,20,000/-. The claim submitted by the complainant, however, was rejected by the insurance company on the ground that the driver of the vehicle did not possess a valid driving license, at the time the vehicle met with the accident. Being aggrieved from the rejection of the claim the complainant approached the concerned District Forum by way of a complaint seeking reimbursement of the amount spent by him on repair of the vehicle.

(2.) The insurance company contested the complaint on the same ground on which the claim was rejected i.e. the driver did not possess a valid driving license at the time the vehicle met with the accident. It was submitted in the reply that as per the report of the RTA at Kolkata from where the driving license initially purported to have been issued to Mr. Surendra Naik, the driving license in question was actually issued to one Mr. Satyajit Sinha Ray.

(3.) Vide its order dated 28-02-2006 the District Forum allowed the complaint and directed the insurance company to pay the amount of Rs.3,20,000/- to the complainant along with interest at the rate of 9% per annum and cost of litigation quantified at Rs.500/-.