Amalendu Sahu vs Oriental Insurance Co.Ltd on 25 March, 2010
4. The
District Forum on consideration of the pleadings and evidence came to the
conclusion that the subject vehicle at the time of accident was carrying two passengers
in addition to the driver in violation of the rules which amounted to violation
of terms and conditions of the insurance policy. The District Forum, however, did not go into
the question of validity of the driving license and relying upon the judgment
of the Supreme Court in the case of Amalendu Sahoo Vs. Oriental Insurance Company 2010 CTJ 485
allowed the insurance claim on non -standard basis and directed the opposite
party to pay to the petitioner 75% of the claim amounting to Rs.1,81,995/- with
9% interest per annum from the date of complaint and to pay Rs.5000/- as
litigation expenses and mental harassment.