NATIONAL INSURANCE COMPANY LIMITED Vs. DEVENDRA NARAYAN DUBEY

JUDGEMENT

(1.) -THIS appeal is directed against the order dated 27. 9. 2006 passed by the District Forum, Dehradun, allowing the consumer complaint No. 63 of 2005 and directing the insurer - appellant to pay a sum of Rs. 2,32,800 to the complainant along with interest @ 8% p. a. from the date falling after 90 days of submitting the claim form till the date of actual payment; Rs. 9,500 towards toeing charges and Rs. 2,000 as cost of litigation.

(2.) BRIEFLY, the facts of the case as set out in the complaint are that the complainant - respondent was the registered owner of a Marshal Jeep, which was insured with the National Insurance Company Limited (for short "insurer") - appellant for the period from 24. 8. 2003 to 23. 8. 2004. The vehicle met with an accident on 1. 4. 2004 and was totally damaged. When the complainant submitted the claim to the insurer, it was repudiated on the ground that the driver of the vehicle was not having a valid driving licence for hill roads at the time of the accident. Upon this, the complainant filed a consumer complaint before the District Forum, Dehradun, which was allowed by the District Forum by its impugned order dated 27. 9. 2006 directing the insurer to pay the compensation, expenses and cost as stated above. Aggrieved by the said order, the insurer has filed this appeal.

(3.) WE have heard the learned Counsel for the parties and perused the material placed on record.