ORIENTAL INSURANCE CO LTD Vs. GEETA DEVI

JUDGEMENT

(1.) Late Shri Kishan Lal, husband of the complainant owned a truck bearing Registration No. RJ-14 1G 4182 which he had got insured with the petitioner company. The case of the complainant / respondent is that on 19.8.2006, when the aforesaid truck was being driven by its second driver Salim Ullah and the deceased Kishan Lal was sitting with him, the truck got swept away in the water, due to high flow of the river on a bridge (pulia), resulting in death of both the occupants of the truck. The complainant lodged one claim for the damage to the truck and the other claim for payment of the personal accidental benefit which was available to the deceased Kishan Lal under the terms of the insurance policy taken by him. The claim having not been paid, the complainant approached the concerned District Forum by way of two separate complaints, one for payment of the personal accidental benefit available under the insurance policy of the truck and the other for reimbursement for the damage to the truck.

(2.) The complaint was resisted by the petitioner on the ground that at the time of the accident, the truck was being driven by deceased Kishan Lal and not by Salim Ullah and Kishan Lal did not possess a valid driving license for driving the said truck.

(3.) The District Forum having ruled in favour of the complainant, the petitioner insurer approached the concerned State Commission by way of two separate appeals. Both the appeals having been dismissed, the insurer is before this Commission by way of these two separate revision petitions.