NEW INDIA ASSURANCE COMPANY LIMITED Vs. CHANDIGARH TRAVELS

JUDGEMENT

(1.) This appeal has been directed by the New India Assurance Company against order dated 2.2.2006 passed by Consumer Disputes Redressal Forum-I, U. T. Chandigarh (hereinafter to be referred as District Consumer Forum), whereby the complaint of M/s. Chandigarh Travels (complainant) was accepted and the appellant was directed to pay a sum of Rs.80257 with interest @ 6% p. a. from 2.1.2002 till the date of payment. Rs.1500 were awarded as costs.

(2.) Briefly stated the facts are that M/s. Chandigarh Travels -complainant (respondent in appeal) is the owner of bus bearing registration No. CH-01-U-2664. The said vehicle was insured with New India Assurance Co. (appellant) vide insurance policy No.31/11576 which was valid with effect from 5.8.2000 to 4.8.2001. The said bus met with an accident on the night intervening 2/3.6.2001 at about 2.00 a. m. The bus was damaged. An intimation was sent to the appellant and it appointed Sq. Ldr. N. S. Bajaj as Surveyor-cum-loss assessor, who assessed damage to the bus vide report Annexure R-2 dated 8.6.2001, after surveying the spot on 3.6.2001 at about 9.00 a. m. He assessed the loss to the tune of Rs.80257.

(3.) It was next averred that the appellant repudiated the claim of the respondent on the plea that the driver of bus namely Gurjit Singh who was said to be holding driving licence for HTV and heavy passenger vehicle for the period 28.3.1999 to 13.7.2002 issued by Licensing Authority, Guwahati was in fact having a fake licence.