LOKHU RAM Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS appeal is directed against the order of District Consumer Disputes Redressal Forum, Chamba, H.P., Camp at Dalhousie, dated 24.7.2009 passed in Consumer Complaint No. 26/2007, whereby the complaint of the appellant was dismissed by holding that since the driver of the vehicle was not holding a valid and effective driving licence to drive light commercial/ transport vehicle and as such there was violation of fundamental terms and conditions of insurance policy and the claim was rightly repudiated by the Insurance Company and it was concluded that there is no deficiency of service on the part of the respondent.

(2.) FACTUAL matrix of the case in brief is that the appellant had purchased a commercial vehicle for earning his livelihood bearing registration No. HP -01 -3759 (Tata Spacio Taxi), which was got insured vide policy No. 351406/31 /05/01/00004365 with effect from 25.1.2006 to 24.1.2007. The said vehicle met with an accident on 28.6.2006 at Janj -Ghar Chamba and thereafter the report was made to the police and the vehicle was got repaired by the appellant by spending a sum of Rs. 1,29,880 and thereafter he submitted a claim before the respondent which was repudiated by it on the ground that the driver of the vehicle was not having any licence for driving a transport vehicle since at the time of accident, it was revealed that the driver of the vehicle Shri Rajinder Singh was driving the vehicle in question Maxi Cab which was registered as a tourist taxi and was a transport vehicle.

(3.) IN this background, complaint under Section 12 of Consumer Protection Act, 1986 was filed for deficiency of service, wherein the appellant had claimed a sum of Rs. 1,29,880 which was spent on the repair of the vehicle along with interest @ 15% per annum and also claimed compensation to the tune of Rs. 10,000 for mental harassment.