ORDER :

C.C. PANT, MEMBER

1. This appeal is directed against the order dated 19.02.2010 passed by the District Forum, Haridwar allowing the consumer complaint No. 263 of2008 and directing the opposite party to pay to the complainant a sum of Rs. 50,000/- within a month from the date of the order.

2. The facts of the case in brief are that the complainant–M/s Hillways Engineering Company, a partnership firm, is the registered owner of a Truck, bearing registration No. UA07-C-7981. This truck was insured with The New India Assurance Company Ltd.–opposite party for the period from 16.03.2004 to 15.03.2005. The truck met with an accident on 02.11.2004 and got badly damaged. The complainant, after completing all2 the formalities, submitted a claim for compensating the loss to the opposite party. According to the complainant the loss was to the tune of Rs. 1 Lac, but the claim was repudiated by the opposite party on the ground that the driver of the said truck was not holding a valid driving licence at the time of accident. This led the complainant to file a consumer complaint before the District Forum, Haridwar. The District Forum, after an appreciation of the facts of the case allowed the