GIRWAR SINGH Vs. RELIANCE GENERAL INSURANCE CO LTD

JUDGEMENT

(1.) Counsel for the parties present. Arguments heard.

(2.) Sh. Girwar Singh is the owner of vehicle i.e. a car. He obtained insurance policy and the ID value of the car was Rs. 9,45,650/-. Unfortunately, on 30.09.2013 at about 11:00 p.m. the said vehicle met with an accident in front of the gate of CRPF Camp, Hallomojra, Chandigarh. FIR was recorded on 01.10.2013. After the accident, Mr. Girwar Singh, complainant made a claim from Reliance General Insurance Company Ltd., OP. The same was repudiated on the ground that the complainant was under the influence of liquor at the time of accident and the petitioner was having two licences.

(3.) So far, as the fact that, the petitioner was driving vehicle under influence of liquor, the counsel for the petitioner has invited our attention to the cross examination of the doctor. It may be also mentioned here that one person expired due to the abovesaid accident. In the cross examination, Dr. Harvinder Singh Chhabra, EMO Govt. Medical College & Hospital stated that, the complainant was brought to him at 03:35 a.m. i.e. four hours after the accident. He submitted that at that time, the complainant was conscious, oriented and was also in his senses at the time of examination. He stated that after examination, he was of the opinion that the person has consumed the alcohol and was not under its influence. The counsel for the petitioner cited three authorities in support of his case which are reported in; National Insurance Co. Ltd. Vs. Soma Devi & Ors., 2012 2 CPJ 50 , M. Raja Gangu, M. Sujatha Vs. Life Insurance Corporation of India, 2015 1 CPJ 676 and New India Assurance Co. Ltd. Vs. Ashminder Pal Singh, 2015 2 CPJ 758 .