AI Structured Summary
Not yet generated for this judgment
Judgment
INSURER is appellant against direction to pay compensation on account of deficiency in service.
COMPLAINANT is owner of a bus in respect of which he obtained a policy from appellant. On 5.8.1991, at about 4 p.m. when the bus was parked, a mini bus dashed against it. COMPLAINANT made a claim in respect of the loss. A Surveyor was deputed by the insurer who assessed the loss. COMPLAINANT was called upon to produce the documents including driving licence of the driver. When the claim was repudiated, complaint was filed. Case of insurer was that complainant was requested to produce documents for examination of insurer. When such documents were not produced, claim was repudiated.
Complainant produced documents and affidavits in support of the complaint. Insurer does not appear to have produced any document. District Forum accepted the accident and awarded compensation which is grievance of the appellant.
MR. P. Roy, learned Counsel for the appellant submitted that driving licence of the driver of the bus not having been produced, insurer is not liable to compensate. Besides, District Forum has not considered whether there is deficiency in service to direct payment of compensation. MR. B. Pujari, learned Counsel for complainant on the other hand submitted that driving licence is not a relevant document in this case and repudiation of claim on that ground is a deficiency in service. We find that District Forum has not made any consideration of the relevant factors. Accident and terms of policy covering the liability are not disputed. Driving licence may be necessary in some circumstances to attract liability of insurer. This was not considered. How other documents produced related to false claims are also consideration to examine the correctness of the documents produced before the District Forum. Conduct of party is always relevant. Insurer should have also produced the various documents to prove that it examined the claim by correctly approaching the claim.
IN result, direction is set aside, complaint is remitted back to the District Forum for giving opportunity to parties and decide the case. Both the parties shall appear before the District Forum on 24.8.1993 on which date, a date shall be fixed by the District Forum for further hearing of the case. Direction set aside. _______________