UNITED INDIA INSURANCE COMPANY LTD Vs. SHWETA CHOUDHARY

JUDGEMENT

(1.) THE above mentioned two appeals are being decided by this common judgment as both have been preferred against the order dated 25. 10. 2004 passed by the District Forum, Ajmer in Complaint Case No. 98/04. Appeal No. 2202/04:

(2.) THIS appeal has been filed by the appellant Insurance Company against the order dated 25. 10. 2004 passed by the District Forum, Ajmer in Complaint Case No. 98/04, by which the complaint of the respondent was allowed against the appellant in the manner that the appellant Insurance Company would pay a sum of Rs. 3,05,000 to the complainant respondent No. 1 on net loss basis within two months and further the respondent No. 1 would deposit salvage within two months and in case the salvage was not deposited by the complainant respondent No. 1, the appellant Insurance Company would pay a sum of Rs. 2,60,000 with interest @ 9% p. a. , etc. , etc.

(3.) IT arises in the following circumstances: that the complainant respondent No. 1 had filed a complaint against the appellant Insurance Company and respondent No. 2 before the District Forum, Ajmer on 26. 3. 2004 inter alia stating that her Indica car bearing registration No. DL. 4. C. P. 3351 was got insured with the appellant Insurance Company for the period 20. 2. 2002 to 19. 2. 2003 for a sum of Rs. 3,58,083. It was further stated in the complaint that the said car had met with an accident at Delhi and that accident had caused with the truck of respondent No. 2 bearing No. RJ 14, G7177 and report of that accident was lodged against the driver of the truck with the Police Station Basant Kunj. It was further stated in the complaint that in that accident, her husband as well as brother-in-law both had died and information of that incident was also given by the complainant respondent No. 1 to the office of the appellant Insurance Company. It was further stated in the complaint that a spot survey was done and all the relevant papers were submitted by the complainant respondent No. 1 to the office of the appellant but the appellant Insurance Company through letter dated 15. 3. 2004 had repudiated the claim of the complainant respondent No. 1 inter alia holding that since at the time of accident, the driver of the insured vehicle was not having any licence and thereafter the present complaint was filed.