ORIENTAL INSURANCE CO.LIMITED Vs. B.K.SRIVASTAVA

JUDGEMENT

(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 :

(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.

(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.