SURINDER KUMAR SETHI vs NEW INDIA ASSURANCE CO.LTD

THE complainant took an insurance policy regarding his truck HR-29-8399 for the period 21.2.90 to 20.2.91. On 25.4.90, the truck met with an accident. THE complainant lodged information with the police vide D.D. No. 125 dated 25.4.90, P.S. Dharuhera, District Rewari (Haryana). THE Insurance Company was also informed about the accident the same day. On 9.7.90 the complainant sent a remainder requesting for the Surveyor to carry-out the final survey which was carted out. THE complainant submitted his claim. By letter dated 29.12.90, the complainant re-iterated his claim for a sum of Rs. 1,11,209.50. THE Insurance Company sent no reply. Ultimately on 30.6.92, the Insurance Company repudiated the claim on the ground that the driving licence held by Ram Narayan s/o Dal Singh, driver of the truck, was not found to be genuine and, therefore, the Insurance Company was not liable to pay any amount under the policy. THE complainant served legal notice dated 24.8.92 but failed to receive any reply. THE present complaint was filed on 7.1.93 claiming the amounts stated above together with interest from the date of the accident.

IN the written version filed by the opp. party all material averments except the taking of the insurance policy by the complainant have been denied. It has further been stated that the driving licence have been possessed by Ram Narayan, driver, was found to be a forged one, as a result of investigation carried out by the INsurance Company and the Company was, therefore, not liable. When the case came up for hearing, none appeared for the complainant. We have, however, heard Mr. Rohit Suri, Authorised Representative of the respondent and have carefully gone through the records.

The Insurance Company has placed on record the report of the Investigator Mr. Asish Bhattacharjee dated 20.9.93, who inspected the records of the District Transport Officer, Kamrup (Assam) and found that no driving licence with the particulars furnished by the complainant had been issued by them. In support of his report, he enclosed a copy of the application dated 18.9.93 made by him to the District Transport Officer, District Kamrup Gowhati, Assam with an endorsement returning the original application with the information that driving licence in question had not been issued from their office. In the absence of a valid driving licence, the Insurance Company is not liable to pay any compensation under the insurance policy. The repudiation vide letter dated 30.6.92 is, thus, bona fide, after application of mind. There is no deficiency in service. The complaint fails and the same is dismissed with no order as to costs. A copy of the order be conveyed to both the parties. Complaint dismissed.