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N.K.VAIDYA, SAROJ RAJWADE
TEJ KUMAR – Appellant
Versus
NEW INDIA ASSURANCE COMPANY – Respondent


Advocates:
Counsel for the Parties :
For the Appellant :Mr. B.V. Bhargava, Advocate.
For the Respondents:Mr. S.K. Menon, Advocate.

ORDER

Mr. N.K. Vaidya, Member — This is an appeal against the order dated 13.11.1995 passed by District Consumer Disputes Redressal Forum, Ratlam in their Case No. 70/94, wherein the Forum has dismissed the complaint of the appellant stating that the repudiation of his claim by the Insurance Company was done in good faith as the driver of the truck Mr. Moolchand was not holding a valid licence.

2. Heard the arguments of both the parties and perused the records of the case.

3. The claim of the complainant has been repudiated by the Insurance Company on following grounds:

(i) The driver or the vehicle Mr. Moolchand was not holding a valid and effective driving licence at the time of accident.

(ii) That the truck was carrying a load of 15.75 tones against its capacity of 10 tones.

4. In its order dated 12.7.1995 passed in Appeal No. 530/94 this Commission has in this case issued directions to the Forum as under:

"The Redressal Forum in such a case has to ascertain from the material placed on record whether the repudiation is arbitrary or unreasonable. It is found that the insurer has acted in good faith, not arbitrarily, but after due application of mind to all the relevant mater




























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