SUNDER LAL Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) Appellant has preferred the present appeal against the order dated 11.03.2014, of learned District Consumer Disputes Redressal Forum, Solan, whereby his complaint, under Section 12 of the Consumer Protection Act, 1986, which he filed against the respondent, has been dismissed with the finding that the insured vehicle, in respect of which, claim had been made, was being driven by a person, who was not authorized to drive the kind of vehicle, which was insured with the respondent and, thus, there was breach of condition of policy.

(2.) Appellant owned an oil tanker, which was insured with the respondent, from 16.06.2008 to 15.06.2009. Vehicle met with an accident on 25.03.2009, when kerosene was being carried in it. Claim was lodged with the respondent in respect of the damage caused to the vehicle. A surveyor was deputed, who assessed the loss at Rs.33,175/ -. Claim was, however, repudiated by the respondent on the ground that Jaswant Singh, who was driving the tanker at the relevant time, did not have endorsement on his licence, authorizing him to drive a vehicle meant or adapted for carriage of hazardous or dangerous goods.

(3.) Appellant aggrieved by the repudiation of his claim, filed a complaint, under Section 12 of the Consumer Protection Act, 1986. Respondent contested the complaint and pleaded that there was breach of condition of policy, inasmuch as the person, who was driving the tanker at the relevant time, did not possess a licence with endorsement, authorizing him to drive a vehicle, meant or adapted for carriage of goods of dangerous and hazardous nature. Learned District Forum has accepted the respondent's plea and dismissed the complaint. We have heard learned counsel for the parties and gone through the record.