ANIL KUMAR Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS appeal is directed against the order dated 9.12.2004, passed by the District Forum, Mandi in complaint No. 62/2004. Vehicle being insured on the date of accident i.e.

(2.) 9.2003 under a valid cover note is not in dispute. Appellant claimed Rs. 60,440 which has been paid on account of repair of the vehicle by the appellant. It was field by the respondent Insurance Company as No claim. This resulted in filing of the complaint before District Forum below. 2. Case of the respondent in reply to the complaint was, that the claim has been rightly repudiated because the person driving the vehicle at the time of its accident was not holding a valid and effective licence. It being a specific breach of the terms and conditions of the policy was not liable to indemnify the appellant. Claim being excessive because the surveyor has assessed the loss at Rs. 9940.04 paise was another defence set up.

(3.) SHRI Bimal Gupta urged that his client bona fide believed that the driver of the vehicle in question was holding a valid and effective driving licence. Therefore, he had engaged him to drive the same. Along with the appeal, appellant had attached photo copy of the driving licence of the driver which was obtained by his client from the police file of Police Station Sadar, District Bilaspur, H.P. in this copy in addition to tractor Kanhya Lal is shown to be authorized to drive jeep, car jeep tractor, light motor vehicle and heavy motor vehicle. With a view to assertion the correct factual position. Licencing Authority, Kullu was directed to produce or caused to be produced the original register wherein licences were issued. Against the Licence No. 10223k, licence is issued in favour of Kanhya Lal but only to drive tractor. There is no other endorsement. Shri Mehar Singh Licencing Clerk from the aforesaid office, explained on our enquiry that as and when any endorsement is made in the original licence, fee is charged and entry is made in the register to that effect. We have also seen that in cases where endorsement to drive other vehicle after issuance of licence is made after charging the fee it is entered in the said register.