- (1.) ORIENTAL Insurance Co. appeals against the judgment and order 2.7.1998 passed in Complaint Case No. 94/97 on the file of the District Forum, Jamshedpur, concluding portion of the order reads thus : "I. The O.P. should pay the repair cost of the vehicle as per the report of its Surveyor Rs. 18,573.54 with 12% interest upto date. II. The O.P. should pay Rs. 500/ - as cost of the lawyers. III. The O.P. should pay Rs. 1000/ - as damages to the appeal. The above orders should be implemented within 30 days and compliance should be instituted to the forum."
(2.) THE principal and, in fact, the only submission of Mr. Alok Lal, Learned counsel for the appellant is that at the time of the accident, the driver had no driving licence in, as much as, the vehicle was a commercial vehicle having no endorsement of the D.T.O. in the licence for driving public service vehicle. In support of his contention, learned counsel has referred to the report of the surveyor dated 31.5.1997 wherefrom it appears that the D.T.O. Hazaribagh had examined the licence. The District Transport Officer enquired into the matter in detail and came to the conclusion that the endorsement made in the licence "out of stock 21.5.1991" was obtained in connivance with the clerk of the office without paying revenue and accordingly the said endorsement was cancelled. Mr. Alok submits that the driver was driving the passenger vehicle without mandatory endorsement and, as such, the Insurance Co. has rightly repudiated the claim. In support of his contention, learned counsel has relied upon the decision in the case of New India Assurance Co. V/s. Ladu Kishore Sahu, as reported in III (2003) CPJ 99 (NC) wherein it has been held that the driver who is not authorised to drive the public vehicle amounts to contravention of the term and condition of the policy and the Insurance Co. is justified in repudiating the claim.
(3.) IN opposition, however, Mr. Indrjit Sinha appearing on behalf of the respondent submits that no such plea was taken in Court below and hence should not be raised at this stage. It is further stated that the vehicle met with an accident in the standing position and hence it cannot be inferred that because of the fault of the driver such incident took place and accordingly it is submitted that repudiation of the claim by the Insurance Co. is absolutely illegal, arbitrary and without jurisdiction.;