NEW INDIA ASSURANCE CO LTD Vs. VINOD KUMAR

JUDGEMENT

(1.) -HEARD learned Counsel. From the admitted facts what transpired is that vehicle on the date of its accident was covered under a valid policy of insurance. Further it is also not in dispute that policy in question was issued covering additional risk of the owner-cum-driver of the vehicle in the sum of Rs. 2,00,000 for which he had paid extra premium. Charging of extra premium and covering risk to the extent of Rs. 2,00,000 is again admitted between the parties. In view of these facts, other detailed facts are not being noted which are otherwise mentioned in the order of the District Forum below.

(2.) LEARNED Counsel for the appellant made two-fold submissions in support of this appeal. Firstly, according to him, deceased was not on the wheel when accident took place and secondly he was not holding a driving licence at all. Thus, according to him, on both these grounds, this appeal deserves to be allowed and impugned order set aside.

(3.) THIS position was seriously contested and resisted by the learned Counsel for the respondent who submitted that on the peculiar facts of this case, this apepal deserves to be not only dismissed with costs, but punitive damages be allowed to his clients for having filed this frivolous complaint. He contested both the pleas urged on behalf of the appellant.