NEW INDIA ASSURANCE CO. LTD Vs. ANUMULA VENKATESWARLU

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 22.11.2007 passed by the Andhra Pradesh State Consumer Disputes Redressal Commission, Circuit Bench at Tirupati (in short, 'the State Commission') in Appeal No. 1157of 2006 The New India Assurance Co. Ltd. Vs. Anumula Venkateswarlu by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that Complainant/respondent's lorry AP 21 6756 was insured by OP/petitioner and insurance coverage was valid upto 6.9.2004. On 6.7.2004, vehicle met with an accident. Complainant submitted claim documents to the OP, but claim was repudiated on the basis that the driver of the vehicle was not holding valid driving licence and vehicle was used for carrying passengers at the time of accident; though, driver was having LMV licence. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that driver of the vehicle was not holding valid and effective driving licence to drive lorry. He was having driving licence to drive LMV, but not the transport vehicle and claim was rightly repudiated and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay Rs.1,95,405/- along with interest and further awarded Rs.25,000/- as compensation. Appeal filed by the petitioner was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) None appeared for the respondent even after service.