RELIANCE GENERAL INSURANCE CO. LTD. Vs. S. SHIVAKUMARA

JUDGEMENT

(1.) Arguments in this case were heard at Circuit Bench Bangalore on 13.02.2014 and order was reserved.

(2.) Briefly stated facts relevant for the disposal of this revision petition are that the respondent complainant insured his motor cab / taxi with the opposite party. The unladen weight of the insured vehicle was 980 kgs. The aforesaid vehicle was involved in an accident with a bus on 20.09.2007 and it was damaged beyond repairs. FIR in respect of the accident was registered and intimation was also given to the petitioner insurance company. At the time of accident, the vehicle was being driven by one Manjunath G. who was having a driving license authorising him to drive a light motor vehicle. The driving license, however, did not have an endorsement authorizing the driver to driver transport / passenger carrying vehicle. The petitioner insurance company taking note of the aforesaid fact repudiated the claim filed by the respondent complainant claiming that at the time of accident, the vehicle was being driven by a person not having an effective driving license which amounted to the violation of the conditions of the insurance policy. Being aggrieved of the repudiation of the claim, the petitioner filed a consumer complaint.

(3.) Learned District Forum on consideration of the pleadings of the parties and the evidence produced was of the view that repudiation of insurance claim amounted to deficiency in service and directed the petitioner to pay to the respondent complainant IDV of the vehicle i.e. Rs.3,13,790/- after adjusting the cost of the salvage within 60 days. It was also directed that in the event of the petitioner not complying with the order, he shall pay interest on the aforesaid amount @ 8% p.a. from the date of the order.