NATIONAL INSURANCE COMPANY LIMITED Vs. YOG RAJ

JUDGEMENT

(1.) THIS is an appeal filed by the OP, received on transfer from Haryana State Consumer Disputes Redressal Commission, against order dated 8.5.2002 passed by District Consumer Disputes Redressal Forum, Jagadhri (for short hereinafter to be referred as District Forum) passed in complaint case No. 357 of 11.8.2000.

(2.) BRIEFLY stated the facts of the case are that Maruti Omni Van of the complainant bearing No. HR -2E/6504 was insured with National Insurance Company Limited (OPs) vide policy No. 420402/98/6146790 and certificate No. 46790 dated 30.6.1998 to 29.6.1999. The driver of the complainant namely Sh.Pawan Kumar was having a valid driving licence issued from the Licensing Authority, Jagadhri which was valid for light vehicles (Car -Jeep, etc.). On 7.6.1999, the car met with an accident and the van was badly damaged. The claim was lodged with the respondents and the complainant had spent a sum of Rs. 1,15,000 for the repair of the vehicle. All the documents were furnished by the complainant but the complainant vide letter dated 8.11.1999 repudiated the claim on false grounds. The complainant contacted the OPs but no response was given from their side. On the above said act of the OPs amounts to deficiency in service. Hence, the complaint was filed.

(3.) REPLY was filed by the OPs in which it was pleaded that the complaint was not maintainable because the driver of the vehicle was not having valid and effective driving licence which violates the terms and conditions of the policy. The claim was repudiated by the OPs after proper inquiry. The driving licence of the driver supplied by the complainant to the OPs was only to drive motor -cycle, Motor Car etc. but at the time of accident, the driver was driving an eight -seater Maruti Van. The Surveyor was appointed and a loss of Rs. 4483 was assessed. It was further pleaded that the complaint was false, frivolous and prayed for dismissal of the complaint.