MANISHANKAR Vs. NATIONAL INSURANCE COMPANY

JUDGEMENT

(1.) SHORT issue involved in this case is whether the driving licence of the driver, at the time of the accident, was genuine or fake.

(2.) FACTUAL matrix of this case in brief are as follows: A vehicle belonging to the complainant, Shri Manishankar, S/o Shri Dhoolji Chaudhary, who is the revision petitioner before us, was insured with the National Insurance Company. During the currency of the insurance cover, it was damaged in an accident and the surveyor appointed by the insurance company, assessed net loss at Rs. one lakh. The insurance company repudiated the claim on the ground that the licence of the driver at the time of the accident was found to be fake on verification.

(3.) THEREFORE , the complainant filed a complaint before the District Forum claiming compensation against the insurance company alleging deficiency in service. The District Forum relied upon the decisions of the Honble Apex court in National Insurance Company Limited v. Swaran Singh; United India Insurance Company Limited v. Lehru &, Ors. and New India Assurance Company Limited v. Sant & Brothers held that the driving licence of the driver was a genuine one. The complainant had claimed Rs. 2,26,774/ - towards damage caused to the vehicle. As the claim of the complainant was not Supported by substantial evidence, the District Forum decided to award Rs. one lakh as assessed by the surveyor as compensation with interest @ 9% per annum from the date of complaint along with Rs.500/ - as costs, within 30 days from the date of the order.