NATIONAL INSURANCE CO LTD Vs. PRITHIPATI SATTIYYA

JUDGEMENT

(1.) National Insurance Co. Ltd., petitioner herein, which was the opposite party before the District Forum, has filed the present Revision Petition against the order dated 5.6.2007passed by State Consumer Disputes Redressal Commission, Hyderabad in Appeal No. 635/2007 whereby the State Commission, confirming the order of the District Forum, directed the petitioner to pay Rs. 2 lakh to the complainant/respondents with interest @ 9% from the date of submission of the claim, i.e., 20.6.2005, till realization. Rs.10,000 have been awarded by way of compensation and Rs. 1,000 as costs.

(2.) Complainant/respondents filed the complaint with the allegations that one Prathipati Rambabau was the owner cum driver of Ambassador car bearing No. AP 5V 568. He had obtained an insurance policy including personal accident benefit of owner cum driver from the petitioner. The policy was valid from 13.7.2004 to 12.7.2005. On 9.10.2004, near Coconut Research Centre, Ambajipeta, one RTC bus bearing No. 10 Z 7162 came from the opposite side at a high speed and dashed in the car killing the insured. On 30.12.04, the first complainant intimated the petitioner about the accident and lodged the claim, which was repudiated on the ground that the insured did not have the valid driving licence at the time of the accident. Alleging deficiency on the part of the petitioner, the respondent filed the complaint before the District Forum seeking a direction to pay Rs. 2 lakh towards personal accident benefit along with interest @ 18%, Rs.20,000 towards pain and mental agony and Rs.2,000 towards costs.

(3.) Petitioner, on being served, entered appearance and took the stand that the petitioner was not liable to reimburse the loss suffered by the respondents as the driver did not have the valid driving licence to drive the vehicle.