THOMAS MATHEW Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) Appellant was the complainant before the State Commission where he had filed a complaint alleging deficiency in service on the part of the respondent Insurance Company.

(2.) Undisputed facts of the case are that the complainant was the owner of a carriage bus which he had purchased in 1991, which was insured with the respondent Insurance Company for Rs. 7.50 lakh for the relevant period. During this period the vehicle met with an accident on 14.5.1996 while it was carrying a marriage party and it was hit by a train on an unmanned level crossing, resulting in death of 37 passengers including the driver. The occurrence of accident was reported to the police as also to the respondent. Spot survey was carried out, who submitted his report but when the matter was not getting settled, a complaint was filed before the State Commission, who after hearing the parties dismissed the complaint on the sole ground that on the date of accident the driver was not having effective and valid driving licence thus, falling under General Exception Clause 3 of the insurance policy. Aggrieved by this order, this appeal has been filed before us.

(3.) There is 82 days delay in filing the appeal which is sought to be condoned on the ground that the complainant was not having good health and that's why he could not file the appeal in time. Even though, we are not satisfied with this explanation yet we go on to pass the orders on merits.