NATIONAL INSURANCE CO LTD Vs. T MAHESHWARI

JUDGEMENT

(1.) -THE opposite party in O. P. No. 85 of 2002 on the file of the District Forum, Erode is the appellant herein.

(2.) THE appeal is against the majority order by the members. The minority order by the President dismissed the complaint.

(3.) THE case of the complainant was as follows : The vehicle of the complainant insured with the opposite party for the period from 30. 11. 2001 to 29. 11. 2002 was involved in an accident on 14. 1. 2002 on the Trichy- Thanjavur Road near Thuvakudi Check Post. The van was damaged extensively. The police was informed and an FIR was also registered. The complainant submitted the claim with estimate of Rs. 1,02,265 from one CAI Industries Limited. Repairs were carried out. The claim was rejected on the ground that the driver who had driven the vehicle did not possess valid driving licence on 14. 1. 2002, the date of the accident and, therefore, rejected the claim. Hence, the complaint came to be filed.