PRITHVI RAJ Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) Appellant was the complainant before the State Commission, where he had filed a complaint alleging deficiency in service on the part of the respondent Insurance Company.

(2.) Brief facts of the case are that the complainant had a bus, which met with an accident during the period when it was covered by the Insurance Cover/Policy issued by the respondent Insurance Company. The incident was reported to the respondent, who was not settling the claim. It is in these circumstances that a complaint was filed before the State Commission, who after hearing the parties, passed the conditional order stating that since the respondent has stated that the licence of the driver is not being submitted, hence they were unable to settle the claim, the State Commission vide its order dated 1.1.1998 directed the respondent to settle the claim on production of licence of the deceased driver and in case the cause of action survives, complainant was free to approach the Consumer Forum. When later on, the claim was repudiated by the Insurance Company, a complaint was again filed before the State Commission, who after hearing both the parties dismissed the complaint, hence this appeal before us.

(3.) It is the case of the appellant that the 'Bus' met with an accident in which both the driver and conductor were died on the spot and the vehicle were completely damaged. The accident was such that no papers could be retrieved from the deceased driver, hence they produced a duplicate driving licence, yet the respondent did not entertain the claim and close the claim file as "no claim".