SURESH KUMAR Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) THIS revision petition filed against the impugned order dated 1.6.2012 passed by State Consumer Disputes Redressal Commission, Shimla, H.P. (in short, 'State Commission') has been filed on behalf of the Petitioner against the order passed by District Consumer Disputes Redressal Forum, Mandi, Himachal Pradesh (in short, 'District Forum') in Consumer Complaint No. 299/2009 dated 7.9.2010. The District Forum partly allowed the complaint. The Complainant is owner of a Swaraj Mazda Tipper Vehicle with registration No. HP33 7445 for carriage of goods. It was insured with the respondent for the sum of Rs. 2,00,000, for one year during period from 21 -4 -2008 to 20.4.2009. Said vehicle met with an accident on 6.2.2009, and was extensively damaged. Intimation of the accident was given to the Respondent who assessed the loss through his deputed Surveyor. Claim was repudiated by the Respondent on the ground that the person, who was driving the vehicle at the time of the accident, did not possess a valid and effective driving licence, inasmuch as his licence was endorsed for driving a light transport vehicle', whereas, the vehicle, in question, was a 'medium goods vehicle', as its gross weight was more than 7500 kilograms.

(2.) COMPLAINANT then filed a complaint before District Forum seeking a direction to the opposite party to pay the insurance claim and also to pay damages to the tune of Rs. 2,00,000. Opposite party contested the complaint and took the same plea, on which it had repudiated the claim.

(3.) AGGRIEVED by the order of District Forum two appeals were filed in State Commission. Complainant filed an appeal No. 378/2010 as aggrieved by quantum of insurance claim was filed and the OP filed an appeal No. 393/2010 on the grounds that reason for repudiation of claim had been established hence seeking of dismissal of complaint.