BRANCH MANAGER Vs. P. GOPAL MAHABOOBNAGAR DISTRICT

JUDGEMENT

(1.) This appeal was filed by the opposite party against the order of the District Kurnool in C.C.No.70 of 2007.

(2.) The brief facts as set out in the complainant is the owner and driver of Mahindra Sawari Jeep bearing registration No. AP 22U 3666 which was insured with the appellant from 3.9.2004 to 2.9.2005. On 8.1.2005 the respondent requested his driver Kumar Goud to proceed with the vehicle while so, on 8/9.1.2005 at about 2.30 hours the vehicle met with an accident by hitting to a culvert near Nagar Kurnool, Khanapur on the road leading from Hyderabad to Kollapur. . Due to the accident the jeep sustained heavy damages. The appellants appointed a surveyor to assess the damage caused to the jeep. It was got repaired by the respondent at Sri Lakshmi Venkateswara Auto Workshop Kollapur and the respondent incurred an amount of Rs.90,000/- for the repairs. The appellant who used to run the vehicle for earning his livelihood suffered loss of earnings due to the damage to the vehicle, for a period of two months at an amount of Rs.400/- per day totaling to Rs.24,000/-. The appellants repudiated the claim on 31.5.2005 on the ground that the driver did not hold valid and effective driving licence at the time of the accident.

(3.) The appellants filed counter admitting the insurance of the vehicle with them. The appellants appointed surveyor to assess the loss to the vehicle. The surveyor submitted his report dated 3.6.2005 assessing the loss at Rs.20,000/-. The appellants submitted that the owner of the vehicle violated the terms and conditions of the insurance policy by permitting a driver to drive vehicle who possessed the driving license to drive LMV non-transport vehicle whereas the jeep bearing No.AP 22U 3666 was a commercial vehicle. Therefore, the driver was not holding any valid driving licence at the time of the accident to drive the vehicle. Therefore the claim was rightly repudiated. The appellant submitted that the respondent is not a consumer as defined within the provisions of C.P.Act.