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Judicial Analysis Court Copy Headnote Facts Arguments Court observation
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A.RAMAN, R.VANAROJA
New India Assurance Co. Ltd. – Appellant
Versus
Brilla Transport – Respondent


Advocates:
Counsel for the parties:
For the Appellant:M/s. K.S. Narasimhan, Advocate.
For the Respondent:M/ s. V.S. Subramanyan, Advocate.

ORDER

A. Raman, President - Since the parties are the same and the Appeals arise out of a common order, all these three Appeals were heard together and are disposed off accordingly by a common order as hereunder. Since the facts are not in controversy, an elaboration of the same is rather superfluous.

2. The lorries belonging to the complainant in each of the cases met with an accident. They were insured' with the opposite party and a claim for payment of the entire sum incurred as and by way of damages. When they made a claim, the opposite party decided to treat the claim as a non-standard claim and offered to pay 75% of the admissibility of the claim amount assessed by the surveyor. Since the complainants were not prepared to accept such a settlement, they have come forward with these complaints alleging deficiency in service and for a direction to the opposite parties to pay the full amount due on the policies.

3. The contention of the opposite party is that the drivers of the vehicles did not have an effective licence and were not authorized to drive the said vehicles and therefore, they are in order in treating it as a non-standard claim and it cannot be faulted with. The three v







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