NEW INDIA ASSURANCE CO. LID Vs. SANJAY KUMAR AGARWAL

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 1.8.2001 passed by District Consumer Forum, Hathras in complaint case No. 153 of 2000.

(2.) THE facts of the case stated in brief are that the complainant is the owner of Maruti car bearing registration No. UP 81 F0516 which was insured with the opposite party, The New India Insurance Company which was valid from 28.11.1998 to 27.11.1999. The insurance was got done for a sum of Rs. 2,00,000/ -. on 8.2.99 the insured Maruti car met with an accident and it was totally damaged. An F.I.R. to this effect was lodged with the Police station. Chandra pal, the driver of the vehicle, died on the spot and he was awarded a sum of Rs. 1,50,000/ - on 24.10.1999 by the Motor Accidents Claim Tribunal, Aligarh. The driver had a valid licence. The complainant put up a claim with the insurance company but it was repudiated on 25.9.2000. The complainant has therefore, filed the complaint claiming the insured amount of Rs. 2,00,000/ - , Rs 100,000/ - as damages and Rs. 11,000/ - towards rent of garage where the damaged vehicle is kept as well as Rs. 1000/ - as cost.

(3.) THE opposite party in the written version has admitted the insurance ant accident of the vehicle and alleged that the licence of Chandra -pal Driver was Hence the licence was not valid. The complainant is therefore not entitled to claim any amount. The claim has been rightly repudiated.