Thus, aggrieved the Appellant/Complainant has come up in appeal.Ħ.
#United india insurance company limited india driver
The National Commission absolved the Respondent/ Insurance Comapany of its liability since no record of the licence of the Driver was found with the licencing authority. The said appeal having been dismissed vide impugned order dated, the Respondent/ Insurance Company came before the National Commission by way of the Revision Petition No.
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Being aggrieved against the said order of the District Forum, the Respondent/ Insurance Company challenged the same by way of appeal no. 227/2012 was also allowed by the District Forum, vide order dated and the Respondent/Insurance Company was directed to pay an amount of L 2,00,000/- for personal accident claim along with interest 9% per annum from the date of filing the complaint and the cost of litigation of L 2,500/. The Respondent/ Insurance Company repudiated the said claim also vide their letter dated on the same ground that Dharmendra Singh Chauhan, the driver of the vehicle did not possess a valid and effective driving licence at the time of the accident in question.ĥ. 227/2012 had been filed by the same complainant Nirmala Kothari, against the Respondent/ Insurance Company, requesting for compensation of L 2,00,000/- as accident claim with interest 9% per annum and compensation of L 20,000/- for mental agony and L 11,000/- for cost of litigation. Being aggrieved against the said order of the District Forum, the Respondent/ Insurance Company challenged the same by way of appeal before the State Commission, but the said appeal having been dismissed vide impugned order dated, the Respondent/ Insurance Company came before National Commission by way of the Revision Petition No.
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The District Forum vide their order dated, allowed the said consumer complaint and directed payment of an amount of L 3,57,500/- to the complainant, as assessed by the surveyor alongwith interest 9% p.a. a sum of L 5,00,000/- alongwith interest 9% per annum from the date of filing the complaint till payment and also to pay a sum of L 50,000/- as compensation for mental agony and L 11,000/- as litigation cost. Alleging deficiency on the part of the Respondent/ Insurance Company, the complainant filed a consumer complaint, seeking directions to the Respondent/Insurance Company to pay the Insured declared value (IDV) i.e. The licence produced by him, alleged to have been procured from the office of the licencing authority, Sheikh Sarai, Delhi could not be verified, as the concerned officer of the transport department returned their letter with the endorsement that the record pertaining to the said licence was not available. The Respondent/ Insurance Company stated in the repudiation letter that the driver Dharmendra Singh Chauhan did not have a proper driving licence at the time of the accident. The Respondent/ Insurance Company, on intimation having been given to them, appointed a spot surveyor, and also a regular surveyor to carry out survey in the matter, but the claim was rejected by them vide their letter dated. The driver of the vehicle, Dharmendra Singh Chauhan got an FIR registered with the police. HR38K 3216, on as a result of which the Appellant's husband, Vinod Ray Kothari, who was the owner of the car, and his daughter died and the vehicle was damaged. The said vehicle met with an accident with a tractor bearing no.
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Justice BN Srikrishna Report on Institutionalisation of Arbitrationģ.