ORIENTAL INSURANCE COMPANY LTD Vs. PREMA

JUDGEMENT

(1.) -THIS appeal is by the Insurance Company challening the order dated 31. 10. 2006 passed by the DF, Dharwad in Complaint No. 159/2006 allowing the complaint of the complainant in part.

(2.) THE facts in this case are as follows :

(3.) THE husband of the complainant is the owner of two wheeler motor cycle Hero Honda bearing registration No. KA 25v 8526. The said vehicle was insured with the O. P. for the period from 12. 11. 2004 to 11. 11. 2005. The said vehicle met with an accident on 2. 11. 2005. In the said accident the husband of the complainant who was riding the vehicle also died. In the accident referred to above, the vehicle suffered certain damage. The fact of accident was informed to the Insurance Company. The Insurance Company after coming to know the fact of accident appointed a Surveyor to assess the loss. Ultimately, the Surveyor inspected the vehicle, assessed the loss and submitted the report. But in the meanwhile the Insurance Company repudiated the claim on the ground that the husband of the complainant who was riding the motor cycle did not have a driving licence to drive a two wheeler. This repudiation has made the complainant to file the complaint before the DF claiming compensation.