NATIONAL INSURANCE CO LTD Vs. JOG RAJ

JUDGEMENT

(1.) -JOG Raj respondent was the owner of TATA 709 truck bearing RC No. PB-07-N-6858. It was insured with the appellants for the period from 13. 9. 2006 to 12. 9. 2007. On 21. 10. 2006 this truck was being driven by its driver Surinder Pal when it met with an accident with bus bearing RC No. PB-07-K-9879. DDR was got recorded in PS-Adampur for this accident. The truck suffered the damage to the tune of Rs. 89,528. The claim was lodged with the appellants but it was repudiated by the appellants vide letter dated 26. 12. 2006 on the plea that the vehicle had no fitness certificate on the date of accident. Hence the respondent filed the complaint in the learned District Consumer Disputes Redressal Forum, Hoshiarpur (in short '"district Forum" ).

(2.) THE appellants filed written statement. Besides pleading preliminary objections the case was also contested on merits. It was pleaded that the provisions of Motor Vehicles Act, 1988 and the rules framed thereunder have been violated. The validity of the driving licence of Surinder Pal was disputed. It was also pleaded that the fitness certificate of the vehicle was valid upto 15. 9. 2006. It was also pleaded that the truck had suffered damage to the tune of Rs. 78,039. 09 and not Rs. 89,528. A prayer for dismissal of the complaint was made.

(3.) THE respondent tendered in evidence his own affidavit Ex. C-1 and produced documents Ex. C-2 to Ex. C-14. On the other hand, the appellants have tendered in evidence documents Ex. R-1 to Ex. R-3 and affidavit of A. S. Kohli, Sr. Divisional Manager as Ex. R-4.