NATIONAL INSURANCE COMPANY LIMITED Vs. CHARAN SINGH-SURINDER SINGH

JUDGEMENT

(1.) CHARAN Singh and Surinder Singh respondents were the owners of TDV open body truck 1988 bearing registration certificate No. PIJ -6445. They got it insured from the appellants for an amount of Rs. 2,50,000 on 19.6.1997. The insurance policy was valid from 19.6.1997 to 18.6.1998. The said vehicle met with an accident on 21.1.1998 at about 7.00 a.m. with Truck No. HR -01 -9821 in the area of Sarwar, District Ferozepur. A case was registered at DDR No. 28 dated 4.1.1998, PS -Khurian Sarwar, Ferozepur. The vehicle suffered huge damange in the accident. It was got repaired from M/s. G.K. Body Builders, Kapurthala Road, Jalandhar with a total cost of Rs. 44,123. Survey fee of Rs. 1,050 was also taken from the respondents. The claim was lodged with the appellants but it was repudiated vide letter dated 1.3.1999. Hence the respondents filed the complaint in the learned District Consumer Disputes Redressal Forum, Jalandhar (in short "District Forum").

(2.) THE appellants filed written statement. Preliminary objections were pleaded and the case was contested on merits. It was admitted that truck bearing registration certification No. PIJ -6445 owned by the respondents was insured with the appellants. It was pleaded that Faqir Singh who was driving the vehicle at the relevant time was not possessing legal and valid driving licence. Hence the claim was repudiated vide letter dated 1.3.1999. The repudiation was legal and valid and dismissal of the complaint was prayed.

(3.) THE respondents filed the special power of attorney as Ex. CI. The respondents also proved documents Ex.C2 to Ex.11. The respondents also proved the affidavit of Manjit Singh as Ex. C12. On the other hand the appellants have proved the affidavit of R.S. Bhatti, Divisional Manager as Ex. R1 and also proved documents Ex. R2 to Ex. R5.