NATIONAL INSURANCE COMPANY LTD Vs. SUKHDEV SINGH GILL

JUDGEMENT

(1.) This revision petition is filed against the order dated 29.3.2004 passed in First Appeal No. 231 of 2002, by the State Commission, Himachal Pradesh at Shimla, whereby the appeal filed by the petitioner, National Insurance Company Ltd. was dismissed confirming the order of the District Forum, Shimla and directed the petitioner to pay Rs. 59,500 along with interest @ 9% p.a. from 6.11.2001 till realization and costs of Rs. 1,000. Aggrieved by this order, the revision petitioner is here.

(2.) Brief facts of the case are : The truck of the respondent was insured with the petitioner in the name of Mrs. Chand Kaur Gill for the period 3.3.1991 to 2.3.1992. Subsequently, Mrs. Chand Kaur Gill died and her legal heirs have been impleaded. The said vehicle met with an accident on 15.5.1991. Accordingly, the petitioner was intimated, who deputed a spot Surveyor and thereafter a final Surveyor. The final Surveyor has assessed the loss at Rs. 59,500 on total loss basis. It is contended by the petitioner that vide letter dated 27.12.1991 documents including the copy of the FIR were required to be submitted. A reminder for the same was sent on 11.3.1992 and the respondents did not provide the information as required. After final reminder dated 31.3.1992 the case was closed according to them.

(3.) It is argued by the learned Counsel for the petitioner that the respondents have filed the complaint after a period of 7 years and that limitation cannot be extended arbitrarily. The second issue is regarding the driving licence. In the FIR, initially it was mentioned that the vehicle was being driven by one Mr. Kulwant Singh who did not have valid driving licence.