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SURJIT SINGH, CHANDER SHEKHAR SHARMA
PRATAP SINGH – Appellant
Versus
NEW INDIA ASSURANCE CO. LTD. – Respondent


Advocates Appeared:
Mrs. Ritta Goswami, Advocate, for the Appellant; Mr. Ratish Sharma, Advocate, for the Respondent

ORDER

Surjit Singh, President (Oral)- This is a complainants' appeal against the order dated 28.11.2011, of learned District Consumer Disputes Redressal Forum, Mandi, whereby their complaint, under Section 12 of the Consumer Protection Act, 1986, which they filed against respondent-New India Assurance Company Limited, seeking issuance of a direction for indemnification for the damage caused to the insured vehicle, has been dismissed.

2. Appellants' predecessor-in-interest, late Sh. Gauri Dutt, was owner of a bus, which was insured with the respondent, for the period from 7.2.2006 to 6.2.2007. Vehicle was insured in the sum of Rs. 7,36,950, for own damage. This was the insured declared value of the bus. On 14.11.2006, bus met with an accident and was completely damaged. Admittedly, this was a case of total loss. Claim was lodged with the respondent, with whom the bus was insured for indemnification. That was repudiated on the ground that at the time of occurrence of accident, vehicle was being driven by appellant, Rajesh Kumar, who happens to be the son of the insured and said Rajesh Kumar did not possess a valid and effective driving licence, and also on the ground that there were 60

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