UNITED INDIA INSURANCE COMPANY LIMITED Vs. SANJEEV KUMAR

JUDGEMENT

(1.) SANJEEV Kumar, respondent was the owner of Tata LPT 709 Model 2005 bearing Registration No. PB -13Q -1377. It was insured with the appellants for the period from 30.11.2005 to 29.11.2006. On 24.12.2005, this vehicle met with an accident when it was being driven by respondent. DDR No. 12 dated 25.12.2005 was got registered at Police Station Kotwali, Barnala. It suffered the damage to the tune of Rs. 1,77,500. Claim was lodged with the appellants but the said claim was repudiated by the appellants vide letter dated 20.11.2006. Hence the respondent filed a complaint in the learned District Consumer Disputes Redressal Forum, Sangrur (in short the District Forum ).

(2.) THE appellants filed the written statement and contested the case. It was admitted that Tata LPT 709 bearing Registration No. PB -13Q -1377 owned by the respondent was insured with the appellants for the period from 30.11.2005 to 29.11.2006. It was also admitted that it had met with an accident. The Surveyor was appointed by the appellants. The Surveyor had assessed the loss to the tune of Rs. 1,42,059. However, Sanjeev Kumar, respondent was not holding a valid driving licence at the time of accident inasmuch as he was holding the driving licence only for Motor Cycle/L.M.V. while he was driving Tata LPT -709. Since the driving licence held by Sanjeev Kumar, respondent was not valid for driving Tata LPT -709, therefore, claim of the respondent was repudiated by the appellants legally and validly. Hence dismissal of the complaint was prayed.

(3.) SANJEEV Kumar, respondent filed his own affidavit, Exs. C -1 and C -2 and also proved documents Ex. C -3 to C -22 while the appellants produced documents Exs. R -1 to R -3. Copy of the judgment of Hon ble Supreme Court was produced as Ex. R -4 and affidavit of Gobind Aggarwal, Divisional Manager, was produced as Ex. R -5.