NATIONAL INSURANCE CO. LTD. Vs. JAGDISH PRASAD SHARMA

JUDGEMENT

(1.) ONE Mahindra Balero vehicle met with an accident on 24.12.2011, during the subsistence of the insurance policy. The claim was filed with the National Insurance Co. Ltd., the OP, on 25.12.2011. A sum of Rs. 2,23,727/ - was incurred for repairs of the vehicle. However, there was dispute over the licence produced by Sh. Mahaveer Prasad, the driver of the vehicle, which was valid for LMV only. He was not authorised to drive HMV. Though his licence revealed both kinds of vehicles, i.e., LMV and HMV, the Investigator, Mr. Pradeep Lakhotia, submitted his report dated 08.05.2012, wherein it was reported that the driver was not authorised to drive HMV. Mr. Pradeep Lakhotia made inquiry with the District Transport Officer, Bhilwara, On the basis of the application moved by Mr. Lakhotia, on 08.05.2012, before the District Transport Officer, Bhilwara, the DTO, made endorsement, which endorsement translated into English, appears as under:

(2.) BOTH the fora below have placed reliance on the celebrated authorities reported in National Insurance Co. Ltd. v. Nitin Khandelwal, : (2008) 11 SCC 256 and Amalendu Sahoo v. Oriental Insurance Company Ltd., : (2010) 4 SCC 536, wherein the Hon'ble Supreme Court granted 75% of the claim on 'non -standard' basis.

(3.) WE have heard the counsel for the parties. Counsel for the complainant/respondent contended that he places reliance on the authorities reported in Nitin Khandelwal and Amalendu Sahoo (both supra).