NATIONAL INSURANCE CO LTD Vs. SARDAR LACHMAN SINGH

JUDGEMENT

(1.) The present appeal is filed by the original opponent against the judgment and order dated 27.1.1999 in Complaint Case No.176/1997 passed by the District Consumer Forum, Nanded.

(2.) Complainant's case before the Forum is that, the car bearing No. MH-26/c-2113 owned by him was insured with the appellant from 19.12.1995 to 18.12.1996. The car in question was met with an accident on 23.11.1996 at Dongargaon near Taluka Kalamnuri, Dist. Parbhani and offence was registered at police station vide Crime No.82/96 against truck driver. Complainant preferred the claim for damages to the tune of Rs.86,432 which was repudiated by present appellant on the grounds that, the car in question was used for carrying fare paying passengers.

(3.) The present appellant was served with the notice. Advocate was also engaged but Advocate did not file written statement before the Forum. The case was proceeded without written statement against the present appellant. complainant filed affidavit. It appears that, on 15.1.1999 the present appellant had filed application allowing him to produce the evidence by way of affidavit. The said application has been rejected by the Forum below on the grounds that it was not stage to adduce evidence. The appellant relied on Brij Kishore Toshniwal V/s. Divisional Manager, Oriental Insurance Co. Ltd. and Ors., 1996 3 CPJ 297.