NATIONAL INSURANCE COMPANY LIMITED Vs. G VELUSAMY

JUDGEMENT

(1.) THE complainant s case is that the complainant owned an Ambassador Car bearing Regn. No. TN 67 Y 4474. He was hiring out the same and making living. On 27.12.1997 when the vehicle was driven by the driver, a lorry driven rashly and negligently dashed against the same and thus the Ambassador car was damaged. A crime has also been registered in Crime No. 607/1997. On the date of accident, there was a valid insurance cover by the opposite party. When the complainant made a claim, it was not responded to by the opposite party, though a Surveyor appointed by the opposite party came and inspected and promised to make the payment of Rs. 92,636/ -. The complainant is a consumer. The action of the opposite party in repudiating the claim amounts to deficiency in service. The complainant, therefore, prays for recovery of a sum of Rs. 92,630/ - being the cost of repair of the vehicle along with a sum of Rs. 50,000/ - as compensation for mental agony and hardship.

(2.) THE opposite party contended that the driver who drove the vehicle at the time of the accident did not possess an effective and valid licence to drive. In view of the conditions of the policy that driver of the vehicle should have an effective and valid licence and since there was no effective and valid licence in favour of the driver on that day, the opposite parties are not liable to make good the loss sustained. Therefore, it was rightly repudiated by the opposite party. There was no deficiency in service on the part of the opposite party. The opposite party is not liable to pay any compensation.

(3.) THE District Forum by its order dated 27.9.1999 directed the opposite party to pay a sum of Rs. 92,630/ - along with a sum of Rs. 20,000/ - as compensation for mental agony and damages.