NATIONAL INSURANCE COMPANY LIMITED Vs. PREM SINGH

JUDGEMENT

(1.) VEHICLE bearing registration No. HP-01h-2692 being insured between 24. 2. 2005 and 23. 2. 2006 is not in dispute and cover note in this behalf was issued on 23. 2. 2005. At the time of hearing it could not be disputed on behalf of the respondent, that immediately in the preceding year, the vehicle was insured with the United India Insurance Company Ltd.

(2.) AFTER the vehicle was got insured, it met with accident on 26. 10. 2005 at 11. 30 p. m. on the return journey to Una from Mubarikpur, near Amb Bazar. FIR was lodged at Police Station Amb. Claim was not settled after receipt of intimation and also after the loss having been got assessed from the surveyor by the appellant. This resulted in filing of the Complaint No. 75/2006.

(3.) WHEN put to notice, the appellant contested the complaint regarding its maintainability, driver holding not any valid and effective driving licence at the time of accident, complaint involving complicated questions of law and fact. Further defence of the appellant was that when surveyor was appointed on receipt of information regarding accident, it transpired that the respondent had obtained "no Claim Bonus" of 20% from the insurer of the vehicle, i. e. United India Insurance Company Ltd.