KAM INDER NATH SHARMA Vs. SATISH KUMAR

JUDGEMENT

(1.) This appeal, under Sec.15 of the Consumer Protection Act, 1986 is directed against the order dated 12.1.1999 in Complaint No.440/1997 by the District Consumer Disputes Redressal Forum, Raipur (hereinafter called the 'district Forum' for short) dismissing the complaint of the complainant/appellant.

(2.) The averments in the complainant were that complainant is the owner of the truck which was comprehensively insured with the respondent covering the risk from 8.2.1996 to 7.2.1997. It was also averred that the said vehicle met with an accident on 10.7.1996 while being driven by the driver Panchilal. The complainant laid claim with the respondent. However, her claim was repudiated by the respondent/insurer by their letter dated 28.4.1997, on the ground that the driver did not hold valid and effective driving licence, to drive the vehicle. Aggrieved by the repudiation as above, the complainant approached the District Forum by way of complaint.

(3.) The respondent/insurer in his written version reiterated that the driver of the vehicle was not having a valid and effective driving licence inasmuch as he was not authorized to drive heavy motor vehicle, which the complainant's truck was. It was, therefore, prayed that the complaint be dismissed.