VINOD NEGI Vs. ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) APPELLANT is aggrieved by the order dated. 12.09.2013, of learned District Consumer Disputes Redressal Forum, Sirmaur at Nahan, 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 was a transport vehicle, while the person, who was driving it at the time of occurrence of the accident, namely Tikkam Singh, possessed a licence to drive only a light motor vehicle (non -transport). Appellant owned a Bolero Camper, bearing registration No. 17B -0317, which was insured with the respondent for the period from 15.09.2007 to 14.09.2008, as a goods career commercial vehicle. On the night intervening 17th and 18th October, 2007, vehicle met with an accident and was extensively damaged. Report was lodged with the police. Intimation of the accident was given to the respondent also. A surveyor was deputed and the loss was assessed. However, the respondent repudiated the claim on the ground that the vehicle was being driven by a person, who did not possess a licence to drive a transport vehicle and that the licence authorized that person to drive only a non -transport vehicle. Appellant felt aggrieved by the repudiation of his claim and filed a complaint, under Section 12 of the Consumer Protection Act, 1986. Respondent opposed the complaint on the same ground, on which the claim had been repudiated.

(2.) LEARNED District Forum has dismissed the complaint upholding the respondent's plea.

(3.) ADMITTEDLY , the vehicle was being driven by one Tikkam Singh, whose licence is available on record as Annexure -D. The licence was issued on 24.06.2006, valid upto 23.06.2011. It authorized the holder to drive motorcycle, light motor vehicle (non -transport). That means, the holder of the licence was not authorized to dive a transport vehicle. The vehicle was insured with the respondent as goods career commercial vehicle, as is made out from the insurance policy, Annexure -B, as also the testimony of Mehar Singh, Registration Clerk from the Registration & Licensing Authority, Paonta Sahib. Registration certificate, Annexure -A, also records the vehicle as light transport vehicle. Now, when the vehicle was a transport vehicle and the person/who was driving it, was holding licence to drive a light motor vehicle (non -transport), the said person was not authorized to drive it. Thus, there was beach of the condition of the policy that the vehicle was to be driven only by a person holding a valid and effective driving licence. Hon'ble Supreme Court in Oriental Insurance Company Limited v. Angad Kol and others, : (2009) 11 SCC 356, has held that a person holding a licence to drive a light motor vehicle cannot drive a light transport vehicle, unless the licence has an endorsement, authorizing the holder to drive a transport vehicle.