ORIENTAL INSURANCE COMPANY LTD Vs. MOHD IKBAL

JUDGEMENT

(1.) Appellant is aggrieved from the order dated 25.2.2004 passed by the learned District Forum, Kangra at Dharamshala, Camp at Chamba, in Consumer Complaint No. 9/2003. By means of impugned order, appellant has been directed to pay a sum of Rs. 61,573 along with interest @ 9% per annum with effect from 23.2.2000 till the payment, besides costs of Rs. 1000.

(2.) Vehicle being insured with the appellant and it having met with accident during the validity of the policy on 29.3.2001, is not in dispute.

(3.) Dr. Sharma on behalf of the appellant at the time of hearing, submitted that there was violation of the policy of insurance, as well as the provisions of Motor Vehicles Act, 1988 because, unauthorised passengers were being carried in the vehicle and the driver, Liaqat Ali was not having a valid and effective driving licence to have driven the vehicle in question at the time of accident. Surveyor had been appointed who had recommended Rs. 1,00,000 on cash loss basis and Rs. 75,000 for salvage. In its reply, stand of the appellant was that the respondent was informed that in case he failed to supply the necessary documents within 15 days from the receipt of the letter, it would be left with no alternative but to close the file. On failure of the respondent to do the needful, his claim was rightly rejected being closed .