UNITED INDIA INSURANCE COMPANY LTD Vs. PRITAM SINGH

JUDGEMENT

(1.) Admitted facts of this case are that the vehicle in question, a Tempo Trax Jeep, bearing registration No. HP-34a-0949 met with an accident on 1.6.2005. It was insured in the sum of Rs.2 lacs under a valid policy of insurance with the appellant. It is further not in dispute that Mr. Praveen Kumar was the driver of this vehicle at the time of accident.

(2.) As a result of accident in question the vehicle was badly damaged. And to make it roadworthy, respondent spent Rs.60,000 and asked the appellant to indemnify him. Instead of doing the needful claim was repudiated on the ground that the driver Mr. Praveen Kumar was not licensed to drive the vehicle in question. Reason being that the vehicle was a registered transport vehicle and the licence of the driver did not bear the requisite endorsement to drive such a vehicle.

(3.) District Forum below had taken note of all the facts, as also decision of the Hon'ble Supreme Court in the case of National Insurance Co. Ltd. V/s. Kusum Rai and Ors., 2006 2 CPJ 8as well as of National Commission in the case of Solartech S-U V/s. Oriental Insurance Co. Ltd., 2006 1 CPJ 69(NC) has allowed the complaint and directed the appellant to pay Rs.25,000 with 9% interest from the date of institution i. e. , 28.6.2006 till payment besides cost of Rs.2,000. Hence this appeal.