SARDAR SINGH THAKUR Vs. ORIENTAL INSURANCE COMPANY LTD
LAWS(HPCDRC)-2010-8-2
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on August 25,2010

SARDAR SINGH THAKUR Appellant
VERSUS
ORIENTAL INSURANCE COMPANY LTD Respondents

JUDGEMENT

- (1.) HEARD learned counsel and with their assistance, we have also examined the record of the complaint file. Vehicle of the appellant on the date of its accident being insured with the respondent under a valid policy of insurance is not in dispute. After accident on receipt of intimation, respondent appointed a surveyor to assess the extent of loss caused to the vehicle. His report is Annexure R -6. As per this report, net amount payable by the respondent was Rs. 94,022.80 paise. But the claim was not settled. As such the appellant filed Consumer Complaint No. 109/2008.
(2.) THIS complaint was contested by the respondent on the ground, that the driver who was driving the vehicle at the time of accident was not holding a valid and effective driving licence. Further stand of the respondent was, that it was informed that the vehicle was being driven by Rajinder Singh son of Shri Joginder Singh who was licensed to drive Light Motor Vehicle (LMV) only. Whereas in the instant case vehicle involved was a transport vehicle. This fact was reinforced according to the respondent, from the verification having been got done by it from the Registering and Licensing Authority (R and LA) Nahan.
(3.) DISTRICT Forum below after hearing the parties has dismissed the complaint, hence this appeal. Along with appeal, application for additional application being MA No. 101/2010 has been filed for placing on record for being read in evidence the report of the R and LA (MV) Nahan, District Sirmaur, HP. When a reference is made to the facts detailed in this application, as well as to Annexure R -4, (the copy of the licence placed on record by the respondent -Insurance Company), report of the R and LA (MV) Nahan is in direct conflict with Annexure R -4.;


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