NEW INDIA ASSURANCE CO LTD Vs. LALAJIT YADAV

JUDGEMENT

(1.) -THIS appeal has been filed by the New India Assurance Co. Ltd. , in short N. I. A. , Rourkela Divisional Office challenging the orders dated 2. 9. 2002 of the District Forum, Sundargarh-II, Rourkela, in CD Case No. 40 of 2002 directing the appellant (opposite party) to pay a sum of rupees two lakh (2 lakh) towards the claim amount and Rupees 1,000 towards the cost of litigation to the respondent (complainant ).

(2.) THE appellant has challenged the aforesaid order of the District Forum as illegal on the ground that the aforesaid CD case being the second CD case on the same facts and circumstances filed by the complainant after his first CD Case No. 95 of 2001 was rejected on the ground of pecuniary jurisdiction by the same District Forum and deciding the claim amount on forged driving licence, for which the appellant had repudiated the insurance claim.

(3.) ADMITTEDLY, the complainant had insured his truck bearing registration No. OR-14-C-6458 with the appellant /opposite party vide policy No. 3155050332832 which was valid from 21. 3. 2000 to 20. 3. 2001. During this period the truck met with an accident on 6. 12. 2000 near Hiren Park, P. S. Khunti, Dist. Ranchi in the State of Jharkhand. The complainant informed the appellant and submitted his claim form towards the estimated cost of the damaged truck. The opposite party repudiated the claim of the complainant vide letter dated 26. 3. 2001 on the ground that the vehicle at the time of accident was driven by one driver-Rambilas Sharma with a fake driving licence. It is also a fact that the complainant had filed a CD case No. 95 of 2001 earlier to this case before the District Forum, Sundargarh-II, Rourkela which was dismissed on the ground of pecuniary jurisdiction.