DILIPSINH RAMUBHA PARMAR Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This appeal arises from order dated 29.11.2003 rendered by the learned Consumer Disputes Redressal Forum, Surendranagar dismissing Consumer Disputes Complaint No.71 of 1995. The complainant is, therefore, before this Commission by way of this appeal under Sec.15 of the Consumer Protection Act, 1986 .

(2.) We have heard the learned Advocates for the parties. We have gone through the impugned order. We have gone through the material placed on record including the copies of FIR, Panchnama, driving licence of the driver who was at the wheels when the accident took place and survey report.

(3.) Brief facts of the case would indicate that the complainant who wanted to enter business of travelling purchased Maruti Van of 1992 model as per the particulars set out in the complaint and the opponent Insurance Company had insured the said van for the period in question (31.7.1993 to 30.7.1994 ). On 15.1.1994 when the van in question was being taken to Mumbai it was stationary on the road on account of police signal. At that point of time (when the van was stationary) a goods truck came from behind and dashed against the van in question damaging the same as per the particulars noted in the survey report. The complainant submitted claim form along with driving licence, FIR, Panchnama and other required papers but the opponent Insurance Company repudiated the claim on the ground that although the driver had valid driving licence to drive light motor vehicle (LMV), he did not have required licence or endorsement to drive transport vehicle along with badge in that respect. Complainant was aggrieved with the said repudiation resulting in filing of aforesaid complaint before the learned Forum with a claim of Rs.57,800/- with interest @ 18% p. a. from the date of complaint till payment and cost of the complaint.