NATIONAL INSURANCE COMPANY LTD Vs. GIRISH

JUDGEMENT

(1.) This revision petition under Sec. 58 (b) of the Consumer Protection Act, 2019 (in short, the 'Act') assails the order dtd. 5/2/2020 in First Appeal No. 613 of 2018 of the State Consumer Disputes Redressal Commission, Maharashtra, Circuit Bench at Aurangabad (in short, the 'State Commission') arising out of the order dtd. 19/11/2018 of the District Consumer Disputes Redressal Forum, Latur (in short, the 'District Forum') in Consumer Complaint no. 112 of 2018. This order will also dispose of revision petition no. 482 of 2022.

(2.) The facts, in brief, according to the revision petitioner, are that it issued a vehicle insurance policy to the petitioner for a Honda City car no. MH 25 P 8010 for the period 2/2/2016 to 1/2/2017. On 4/12/2016 the car met with an accident near Terkheda village, Kallam taluka, District Osmanabad while being driven by one Anil Manjule. An FIR was registered at Police Station, Yermala. On 25/1/2017, after 51 days, the respondent informed the petitioner of the accident and submitted a claim form on 1/2/2017. The spot surveyor submitted his report on 4/2/2017 and thereafter Surveyor and Loss Assessor Arun T Kulkarni submitted his report on 29/3/2017. The claim was repudiated by the petitioner vide letter dtd. 4/4/2018 on the grounds that the driver did not possess a valid driving licence for a Light Motor Vehicle (LMV) at the time of the accident and the claim was submitted within the stipulated time and claims guidelines. The respondent had approached the District Forum in consumer complaint no. 112 of 2018 which was dismissed on 30/11/2018 on the ground that the driver did not possess a valid driving license at the time of the accident. Thereafter the respondent filed an appeal before the State Commission which was disposed of on contest vide order dtd. 5/2/2020 setting aside the order of the District Forum and upholding the appeal. This order is impugned before this Commission.

(3.) The plea of the respondent complainant before the District Forum was to allow the claim of Rs.14,39,329.00 with 18% interest from 25/1/2017, the date of filing the claim, repayment of loan for the car by respondent 4 to respondents 1 to 3 along with Rs.1,00,000.00 for mental agony and Rs.10,000.00 as costs. The order of the District Forum held that: