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R.C.MANKAD, BALA R.THACKER
MOHAMED ISMAIL ABDUL RAHIM ALAM – Appellant
Versus
ORIENTAL INSURANCE CO. LTD. – Respondent


Advocates:
Counsel for the Parties :
For the Appellant :Mr. M.A. Bhatt, Advocate.
For the Respondent:Mr. Uday Bhatt, Advocate.

ORDER

Mr. Justice R.C. Mankad, President—This appeal is directed against the judgment and order dated November 26,1993 passed by District Consumer Disputes Redressal Forum, Panchmahals (District Forum for short) whereby the appellant’s complaint being Complaint No. 39 of 1993 is dismissed.

2. The appellant, owner of truck bearing Registration No. GRY 4761, had insured the truck with the respondent Insurance Company and the insurance policy was valid for the period fromMarch 13,1991 to March 12,1992. The truck met with an accident on April 14,1991 and it was damaged. The appellant informed the respondent about the damage to the truck and claimed to be indemnified to the extent of loss suffered by him. The Surveyor was appointed to assess the loss and Surveyor, by his report, assessed the loss at Rs. 75,344/-. The respondent, however, repudiated the claim made by the appellant on two grounds viz. (1) that the driver of the truck was not holding a valid licence to drive the truck; and (2) 13 persons were travelling by the truck at the time when accident occurred. According to the respondent, the appellant had committed breach of the terms and conditions of the policy by allowing driver








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