ORIENTAL INSURANCE CO LTD Vs. PEDRO FERRAO

JUDGEMENT

(1.) This is an Appeal against the order of the District Forum, South Goa, dated 5.5.1999, in Complaint No.42/96. By the aforesaid order the Forum has directed the appellants to pay to the respondent a sum of Rs.2,40,000/- with interest @ 18% per annum from 9.4.1995 onwards till the date of the filing of the complaint, besides cost of Rs.1,000/-, within 30 days failing which the said amount shall carry interest @ 18% per annum from the date of judgment.

(2.) The respondent had complained against the appellants on account of rejection of his claim with regard to damages caused to his vehicle bearing registration number GA-02-T-7252 which had been insured with them. It was the respondent's case that his vehicle met with an accident on 9.12.1994 at Pirni. One Surveyor of the appellants visited the site of the accident and another Surveyor deputed by the appellants inspected the vehicle, the R. C. Book, the Insurance Certificate, the Tax Book and the driving licence of the driver. But despite the compliance of the formalities required to be completed the claim was not settled by the appellants. The appellants sought to verify the driver's licence at the relevant time of the accident in the month of June, 91. Subsequently, on 23.1.1996, the claim was repudiated on the ground that the licence produced by the respondent was not valid on the date of the accident and there was no endorsement on the driving licence of the driver for carrying out hazardous goods.

(3.) The appellants version was that the claim was negatived because the licence No. P-2748/a/89 of the respondent was found fake by the R. T. O. of Allahabad while another licence produced subsequently was also held not valid on the date of accident. Their further claim was that there was also no endorsement on the licence to carry hazardous goods under the Motor Vehicle Act.