DIVISIONAL MANAGER Vs. K. RAMESH GUPTA

JUDGEMENT

(1.) The Insurance company, the opposite party, preferred this appeal against the order of the District Consumer Forum, Kurnool directing it to pay an amount of Rs.73,828/- towards compensation together with interest and costs.

(2.) The case of the complainant in brief is that he insured his lorry No.AP 21 T 3688 with the opposite party for Rs.2,86,000/- for the period from 07.10.2004 to 06.10.2005. While so on 20.05.2005 it met with an accident wherein the lorry was damaged. On information, the Insurance Company has appointed a surveyor who in turn assessed the loss at very low amount. Despite repeated reminders the Insurance Company did not settle the claim on the ground that the driver was not having valid driving licence. In fact he was having heavy transport Vehicle Licence which he was being renewed from time to time. In order to avoid payment, the Insurance Company has unjustly repudiated the claim. Therefore, he filled the complaint claiming Rs.2,27,360/- together with interest at 18% per annum, Rs.50,000/- towards compensation and costs.

(3.) The Insurance Company resisted the case. While admitting the issuance of policy, it alleged that it was not aware of the accident. When it was informed, it had appointed a surveyor to assess the damage. The complainant did not get his damaged lorry repaired through New Daimond Body Builders, Auto Nagar, Hyderabad by spending an amount of Rs.2,27,360/-as furnished by the complainant. The surveyor applied to Additional Licencing Authority, Central Zone, Hyderabad to know the genuineness of the driving licence. They had informed that there was no licence issued to the said member. Since the driver was not having valid driving licence they repudiated the claim. Therefore, they prayed for dismissal of the complaint with costs.