DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD Vs. MUHAMMED

JUDGEMENT

(1.) This appeal is directed against the order passed by the District Forum, Wayanad, Kalpetta, in O. P. No.96/91. The first opposite party is the appellant,

(2.) Shortly stated, the allegations in the complaint are as follows ; the complainant is the owner of motor vehicle KIL-4738 and it was insured with the first opposite party Company. It met with an accident on 6.1.89 and it was en- trusted with the second opposite party for repair works and an authorised Surveyor prepared the survey report after inspecting the vehicle and the documents necessary for settling the claim and it was submitted to the first opposite party on 15.3.89. The first opposite party is liable to pay an amount of Rs.21,142/- to the second opposite party with interest from 15.1.89. There is no ground for repudiating the claim. The second opposite party intimated the fact of repair to the first opposite party but they denied the liability on flimsy grounds,

(3.) The first opposite party filed a version stating that the accident took place on 6.10.89 and the claim is barred by limitation. The com- plaint is not maintainable and the opposite par- ties repudiated the claim on proper grounds. The Forum has no jurisdiction to entertain the complaint. The vehicle cannot be driven by a driver other than a driver having badge and in the instant case the vehicle was driven by a driver not having badge at the time of accident. It was also averred that the complainant has not authorised the second opposite party to do re- pair work and the first opposite party is not liable to pay any repair charges.