ORIENTAL INSURANCE COMPANY LIMITED Vs. VIJAY KUMAR DUBEY

JUDGEMENT

(1.) THIS appeal assails the order dated 22.12.2010 of the District Forum, Indore in case No. 530/2009.

(2.) THE respondent No. 1sent his car through the truck container owned by Shri Ram International Packers and Movers -respondent No. 2 to Kolkata but, respondent No. 2 informed him that the truck container had a breakdown with the result the driver was asked to drive the car to Kolkata. In transit there was an accident. On the claim being made, the Insurance Company repudiated its liability on the ground that the driver had driving licence only for heavy vehicle and not for light motor vehicle.

(3.) THE Union Territory Consumer Disputes Redressal Commission, Chandigarh has held in United India Insurance Company Ltd. &Anr.v. Narinder Singh,2009 2 CPJ 153, that a heavy driving licence holder is entitled to drive light motor vehicle such as jeep and the like. It is not disputed that the driver who took the car and met with an accident had a heavy vehicle driver's licence. Under these circumstances, there does not appear any breach of the condition of the policy. The District Forum has rightly held the Insurance Company liable to pay the claim to the complainant. However, if the Insurance Company finds that sending the vehicle itself was in breach of the instructions to carry it in a container, it may recover the amount from the carrier. The appeal is thus, disposed of.