NEW INDIA ASSURANCE CO. LTD Vs. TIKAM SINGH RANA

JUDGEMENT

(1.) THE appellant in this matter is the insurer. The order challenged dated 26.09.2006 was passed by the District Forum, Dehradun in consumer complaint No. 02/2003, whereby the insurer was directed to pay compensation of Rs. 34,750/ - together with interest @ 8% p.a. within the stipulated period and to further pay sum of Rs. 1,500/ - as litigation expenses to the complainant.

(2.) THE matter pertain to accident of Auto Rickshaw (three wheeler) which was driven during the period of insurance on 07.03.2002 by the complainant. The claim preferred was repudiated on the ground that the complainant was not having a valid driving licence to driving a three wheeler, a public carrier vehicle at the time of the accident. The plea raised in defence before the District Forum was not accepted and complainant was awarded compensation on the basis of the surveyors report together with interest and litigation expenses.

(3.) THE submissions of the learned counsel give rise to following points for determination of this appeal on merit: (i) The complainant was not having a valid driving licence to drive a three wheeler, a public carrier vehicle at the time of the accident and the District Forum fell in error in not properly appreciating the factual and legal aspect of the matter in issue in rejecting the said plea raised by the insurer. (ii) The District Forum wrongly granted interest @ 8% p.a. instead of rate of interest awarded in such matter usually @ 6% p.a. (iii) The litigation expenses to the tune of Rs. 1,500/ - awarded on the higher side.