RAKESH KUMAR Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Vide this order two appeals (Nos.453 of 1997 and 508 of 1997) are being disposed of. The first appeal has been filed by the complainant Rakesh Kumar claiming interest and costs on the amount already awarded by the District Forum whereas the second appeal has been filed by the Insurance Company for setting aside order of the District Forum dated March 18, 1997. The District Forum allowed a sum of Rs.32,505/- to the com-plainant - Rakesh Kumar to be paid by the Insurance Company.

(2.) Rakesh Kumar had obtained an insurance policy covering risk of his motor vehicle - Maruti van No. PB-08-A-0078 on March 2, 1994 for a period of one year. The aforesaid van was involved in an accident which occurred on December 3, 1993. Report with the Police Station, Dhuri was lodged on December 4, 1993. The Insurance Company was also informed. A sum of Rs.40,000/- was spent by the complainant for repairing the vehicle. The Insurance Company did not settle the claim and arbitrarily repudiated the same on the vague allegations that driving licence of the driver Jaspal Singh was fake. This led the complainant Rakesh Kumar to approach the District Forum for the relief. The Insurance Company as usual took up the plea that the repudiation of the claim was bona fide made on the basis of a report issued by the Licensing Authority that the driving licence of Jaspal Singh was fake. Both the parties led their evidence on affidavits and documents on the basis of which the impugned order was passed.

(3.) Ex. R1 is the so called report of the Licensing Authority, Cuttack, on the basis of which the Insurance Company had repudiated the claim. Apart from the fact that it did not contain any despatch number and as to whether the same was issued by the Regional Transport Office or Office of the Licensing Authority, Cuttack, even reading the contents of the letter a finding cannot be arrived at that the licence of Jaspal Singh was not issued by the aforesaid Licensing Authority. Thus, it is considered appropriate to reproduce the contents of this letter : "with reference to letter dated 16.5.1994 this is to inform you that no such driving licence No. mentioned below has (not) been issued to any body as per our office record and D. L. No.2756/82 has not been issued to Mr. Jaspal Singh.1. Name suresh Kumar d. L. No. C-8095/86 2. Name karam Singh d. L. No. K-3444/82 3. Name sri Gulak Singh d. L. No. G-5740/cuttack/89. This is for your information and necessary action. "