JUDGEMENT (ORAL)

V.K. Jain, Presiding Member—The complainant owned a vehicle which he had got insured with the respondent for the period from 31.10.2007 to 30.10.2008. The vehicle met with an accident while being driven out by one Mr. Aman Bangia on 22.12.2007 and a claim for reimbursement for the loss suffered by the complainant on account of damage to the vehicle was lodged. The claim, however, was repudiated solely on the ground that the driver was under influence of intoxicating liquor or drugs when the vehicle met with an accident. Being aggrieved, the complainant approached the concerned State Commission by way of a consumer complaint.

2. The complaint was resisted by the insurer primarily on the ground on which the claim had been repudiated.

3. The State Commission having dismissed the complaint, the complainant is before this Commission by way of this appeal.

4. The only question which arises for consideration in this case is as to whether the driver of the vehicle was under influence of intoxicating liquor or drugs at the time the vehicle met with an accident and got extensively damaged. Though it has come on record that the driver of the vehicle had taken some liquor before h