Tribunals and Commissions(2000) 04 NCDRC CK 0003

National Insurance Co. Ltd. vs HINDUSTAN MOTOR FINANCE CORPN. LTD.

National Consumer Disputes Redressal Commission · Decided on 18 April 2000 · Citation: 2000 2 CPC 541 : 2000 2 CPJ 411 : 2000 3 CPR 193

HON’BLE JUDGES
S.C.Datta , D.Karformas , S.Majumder J.
RESULT
Appeal dismissed

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Judgment

1 paragraphs · 283 words
1.

THE parties are represented by their respective Counsels. By the order dated 15.1.1997 the claim of the complainant for compensation was allowed in part with a direction to the opposite party to pay Rs. 57,454/- towards full and final settlement of the claim within a period of one month. It is accepted that the vehicle in question was a Trekker which met with an accident on 18.12.1992. It is also not disputed that the driver had a valid licence on the date of the accident. THE claim was repudiated mainly on the ground that the driver was not competent to drive a heavy and passenger vehicle. THE Forum found that the Trekker was not a heavy vehicle but it could be regarded as a light vehicle. THE Forum noticed that the policy was valid from 23.6.1992 to 22.6.1993 and it was in respect of Hindustan Trekker and it was described as passenger carrier. THE insured sum was Rs. 1,50,000/- and the premium paid as Rs. 3,730/- only. THE claim was referred to a Surveyor who assessed the compensation at Rs. 57,454/-. THE Forum rejected the claim for compensation to the tune of 1,00,000/- on the ground that the complainant had failed to quantify the amount of compensation. However, learned Counsel appearing for the appellant submits that the claimant had no effective licence and that too for a passenger vehicle. THE submission of the learned Counsel for the appellant does not hold water in the face of the statements in the policy. We find that the Forum had elaborately discussed the matter and came to a correct conclusion. We find no merit in the appeal which is hereby dismissed on contest. Appeal dismissed.