JUDGMENT

KRISHNA MURARI, J.

Leave granted.

2. The Appellant/Complainant, Nirmala Kothari’s husband, Vinod Ray Kothari was owner of a Hyundai Elantra vehicle, registration no. RJ36CA 0111, which was insured with the Insurance Company for a sum of Rs.5,00,000/- .

3. The said vehicle met with an accident with a tractor bearing no. HR38K 3216, on 06.06.2010 as a result of which the Appellant’s husband, Vinod Ray Kothari, who was the owner of the car, and his daughter died and the vehicle was damaged. The driver of the vehicle, Dharmendra Singh Chauhan got an FIR registered with the police. The Respondent/ Insurance Company, on intimation having been given to them, appointed a spot surveyor, and also a regular surveyor to carry out survey in the matter, but the claim was rejected by them vide their letter dated 28.03.2011. The Respondent/ Insurance Company stated in the repudiation letter that the driver Dharmendra Singh Chauhan did not have a proper driving licence at the time of the accident. The licence produced by him, alleged to have been procured from the office of the licencing authority, Sheikh Sarai, Delhi could not be verified, as the concerned officer of the transport department