ORIENTAL INSURANCE COMPANY LTD Vs. ISHAR SINGH

JUDGEMENT

(1.) Oriental Insurance Company challenges in this appeal order of District Forum, Fatehgarh Sahab dated August 29,1996 whereby the complaint filed by Isher Singh and Avtar Kaur was allowed and the Insurance Company, the appellant was directed to pay a sum of Rs.9,851/-with 18% p. a. interest thereon from February 28, 1990 till payment. Costs of Rs.500/-were also ordered to be paid by the appellant.

(2.) The broad facts are not in dispute on which a question of law arises as under : whether a person authorised to drive the Light Motor Vehicle under the driving licence could drive motor cycle and thus make the Insurance Company liable to reimburse damages caused to the motor cycle in an accident.

(3.) On August 27,1989, motor cycle No. PIP 524 owned by Gurdarshan Singh and driven by him was involved in an accident resulting his death and causing damages to the motor cycle. A claim petition arising out of his death was allowed by Motor Accident Claims Tribunal (District and Sessions Judge, Patiala ). Isher Singh and Avtar Kaur, parents of Gurdarshan Singh filed the present complaint against the Oriental Insurance Company with whom the motor cycle was insured at the relevant time, claiming compensation suffered on account of damage to the motor cycle. A Surveyor appointed by the Insurance Company had assessed the loss at Rs.9,851/-but the amount was not paid by the Insurance Company. On notice of the complaint, the Insurance Company contested the claim inter-alia asserting that the driver of the motor cycle was not possessing a valid driving licence to drive the motor cycle. It was denied that the Surveyor had assessed the loss, however, the claim was repudiated. The complainant in the replication denied having communicated any such repudiation letter. Both the parties produced evidence on affidavit and documents. The District Forum passed the order as referred to above.