NEW INDIA ASSURANCE COMPANY LIMITED Vs. S ARUMUGAM

JUDGEMENT

(1.) THE complainant had insured his vehicle with the opposite party for a sum of Rs. 1,50,000/ -. On 11.8.1995, the vehicle met with an accident. The vehicle was sent to the Motor Vehicles Inspector for inspection and he issued a certificate noting damages. Cost of repair charges was estimated in a sum of Rs. 34,395/ -. The vehicle having been insured with the opposite party, they are bound to settle the insurance claim. Therefore, the complainant made the claim to the opposite party for the payment of the amount. The opposite party did not settle the amount, but repudiated the claim on the ground that the driver had no effective driving licence. The repudiation is improper. There is deficiency in service on the part of the opposite party. Hence, the complaint.

(2.) THE opposite party submitted that they arranged an independent surveyor and loss assessor who after surveying the vehicle, determined the net liability of the insurer at Rs. 12,000/ -. The opposite party repudiated the claim of the complainant because at the time of the accident, the driver who was incharge of the vehicle was not holding an effective driving licence. The complainant had employed a driver by name Palanichamy who had a Light Motor Vehicle licence which expired on 16.3.1993. But the licence was renewed only from 16.8.1995 namely after two years and 5 months. The accident had taken place in between. The licence can continue to be valid and effective only for a period of 30 days from its expiry. Therefore, the driver did not have an effective licence on the date of accident. Therefore, the claim was rightly repudiated.

(3.) THE learned District Forum accepted the claim and ordered the opposite party to pay a sum of Rs. 25,000/ - with interest at 12% and hence this present appeal by the Insurance Company.