NATIONAL INSURANCE COMPANY LTD Vs. SANSAR CHAND

JUDGEMENT

(1.) There has been delay of 38 days in filing revision petition for which an application for condonation of delay has been filed and for reasons assigned therein, the delay is hereby condoned. Petitioner Corporation has put on record proof of remittance of Rs. 5,000 to respondent and its acknowledgement by them.

(2.) Succinctly put, facts are that respondent s vehicle bearing registration No. HP-56-B-0210 insured with petitioner Insurance Corporation, met with an accident on 3.12.2005 during subsistence of insurance policy. Allegedly, respondent having incurred expenses of Rs. 1,13,815 on repair of vehicle, lodged claim with petitioner Corporation for indemnification of loss suffered in the accident. Claim was, however, closed on its repudiation. Thereafter, a consumer complaint was filed with District Forum, which was resisted by petitioner Corporation holding that since driver who was running vehicle at the material time of accident, was holding licence for plying only light vehicle, vehicle in question being light transport vehicle, driver was not authorized to drive it without there being any endorsement by R.T.O. on driving licence. District Forum, on evaluation of pleadings of parties, having accepted contentions raised on behalf of Insurance Corporation, dismissed complaint which was reversed in appeal by State Commission, presumably treating the claim on non-standard basis, based on finding of Surveyor. It is how that petitioner Corporation is in revision.

(3.) It is not in dispute that certain guidelines have been issued by Insurance Corporation for treating claim on non-standard basis and learned Counsel for petitioner with due emphasis on those guidelines submitted that factum of driver not holding valid driving licence being a fundamental breach of terms and conditions of policy would not be covered by guidelines which are of administrative nature. Learned Counsel for respondent would, however, draw my attention to certain citations of National Commission about treating such claims on non-standard basis when there were breach of terms and conditions of insurance policy.