ORIENTAL INSURANCE CO LTD Vs. ASHOK

JUDGEMENT

(1.) THE State Consumer Disputes Redressal Commission, Karnataka has directed the present Appellant -Oriental Insurance Co. Ltd. (for short the Insurance Co.) to pay Rs. 2,70,000/ - to the present Respondent, who was the Complainant before the said Commission, with interest at the rate of 18% per annum from the date of accident i.e. 26th November, 1991 till payment.

(2.) THE facts as gathered from the record are that the Complainant -Respondent is owner of a Swaraj Mazda Truck bearing Registration No. KA -28/567 which is a 'light motor vehicle' meant as Goods Carriage. The said vehicle was insured with the Opposite Party i.e. Appellant -Insurance Co. for the period from 17th February, 1991 to. 16th February, 1992 vide Commercial Vehicle (India) Goods carrying Vehicle Policy of Insurance bearing No. MV/3240/91. On 26th November, 1991 the said vehicle met with an accident and was damaged. The Complainant lodged a claim with respect to this loss with Insurance Co. which was rejected on the ground that the driver of the vehicle, who was driving the vehicle at the time of accident, was not having a valid licence to drive a transport vehicle. The Complainant thereupon filed a complaint before the State Commission claiming Rs. 5,61,000/ - as compensation.

(3.) AS noticed above, the State Commission has allowed the complaint. Feeling aggrieved of that Order, the Insurance Co. has filed this appeal.