GAUTAM SINGH NEGI Vs. NEW INDIA ASSURANCE CO LTD
LAWS(HPCDRC)-2010-9-12
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on September 23,2010

Gautam Singh Negi Appellant
VERSUS
NEW INDIA ASSURANCE CO LTD Respondents

JUDGEMENT

- (1.) APPELLANT filed Consumer Complaint No. 25/2007 before the District Forum, Solan alleging deficiency in service on the part of the respondents in non settlement of his claim, after his vehicle -Oil Tanker bearing registration No. HP -11B -0412 met with accident on the intervening night of 25/26.3.2006. This accident had taken place at Badar Khad, near village Hanuman Barog, near Damlana Ghatti, Tehsil Arki, District Solan, HP. Per appellant it was a case of total loss. Necessary documents were provided by him to the appellant. Besides causing damage to the truck, petrol of the value of Rs. 5.50 lacs was also drained out. FIR No. 38/2006 was registered at Police Station, Arki. After receipt of intimation, surveyor was deputed by the respondents. But claim was not settled and it was illegally withheld resulting in causing mental torture, physical harassment and humiliation to the appellant.
(2.) IN this background appellant claimed Rs. 8,83,500/ - being the sum insured, Rs. 5.50 lacs the cost of petrol, Rs. 2 lacs as damages for mental torture etc., Rs. 1 lac as business loss. He also claimed interest @ 18% per annum and cost of litigation.
(3.) CLAIM of the appellant was contested by the respondent. As according to it, he had no cause of action, claim was to be determined as per terms and conditions of the insurance policy. Appellant was called upon to provide the particulars of the driving licence of the driver Subhash Chand son of Mahant Ram who was on the wheel at the time of accident per the appellant. Driving licence No. BDL/165/88 was issued by the Registering and Licensing Authority, Bilaspur (HP) and it was issued on 8.3.1988. As per this driving licence it was got verified through investigator Sh Jai Ram Dhiman, as also from the office of Registering and Licensing Authority, Ghumarwin. It was found on verification by the investigator, that this licence has not been issued in favour of Sh. Subhash Chand driver. As per record it was issued in favour of Sh. Jai Kishan, R/o G -22 Nihal, Bilaspur, HP for motorcycle/scooter only. Thus as per respondents driving licence having been found to be fake, the complaint was seriously contested and resisted. District Forum below after hearing the parties has dismissed the complaint, hence this appeal. Mr. Chandel learned counsel for the appellant submitted that affidavit of either the investigator Sh. Jai Ram Dhiman, or of the licensing authority having not been filed, no benefit can be derived by the respondent from documents Annexure R -3 the licence, as well as reports of the investigator contained in Annexures R -12 and R -13 and R -14. This position was seriously contested by Mr. Thakur learned counsel appearing for the respondent. Per him his client was not averse to settle the claim, but in terms of the policy conditions provided driver Sh. Subhash Chand S/o Mahant Ram, who was shown to be licensed by means of a genuine and legitimate driving licence to have driven the vehicle in question.;


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