MAHESH TAILOR Vs. ORIENTAL INSURANCE COMPANY LIMITED
LAWS(NCD)-2003-12-171
NCDRC
Decided on December 08,2003

MAHESH TAILOR Appellant
VERSUS
ORIENTAL INSURANCE COMPANY LIMITED Respondents

JUDGEMENT

- (1.)Heard. SH. Rishab Kumar had got his truck No : GRY 4124 insured with the respondent Insurance Company at its Godara branch office in Gujarat, for the period from 4.9.1992 to 24.10.1992. The said vehicle met with an accident at Deoli in Distt. Tonk (Raj.) on 20.10.1992. The complainant lodged his claim with the District Forum, Tonk but since his claim was not finalised for sufficiently long time he approached the Forum. Although the Forum held that it had territorial jurisdiction to entertain and decide the complaint but dismissed it on the ground that the appellant could not produce satisfactory evidence regarding the valid permit of the vehicle in question on the date of accident. Hence this appeal by the appellant.
(2.)Insofar as the question of territorial jurisdiction is concerned that has been rightly decided. The respondent has its branch office througout the country including the city of Tonk. The accident had taken place at Deoli within the territorial jurisdiction of the Forum Tonk. Thus part of cause of action to the appellant had arisen under Sec.11 of the C. P. Act, 1986, within the territorial jurisdiction of the Forum Tonk. The objection raised in that behalf is overruled.
(3.)On merits we find that the appellant had claimed damages of Rs.90,000/-. Since the complaint was dismissed by the Forum on the ground that at the time of accident the driver of the vehicle was not holding a valid permit for plying the vehicle in Rajasthan, the claim filed by him could not be entertained. It is not disputed that this ground for dismissal of the complaint of the appellant had no nexus with the accident taken place and damage caused to the vehicle. The finding of the Forum on this point is, therefore, set aside.


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