SULTAN SINGH Vs. THE BRANCH MANAGER

JUDGEMENT

(1.) This revision is directed against the order of the State Commission dated 26.08.2013 whereby the State Commission dismissed the appeal preferred by the petitioner complainant and confirmed the order of the District Forum Panipat dismissing the complaint.

(2.) The facts relevant for the disposal of the revision petition are that the petitioner complainant insured his car registration number HR67A-2907 with the opposite party no.1 insurance company for Rs.4,01,788/- for the period w.e.f. 10.08.2011 to 09.08.2012. On 17.12.2011 the subject car caught fire resulting in extensive damage. The accident was reported to the insurance company. The opposite party appointed a surveyor and the surveyor M/s T.P.Singh & Company vide his report dated 18.02.2012 recommended settlement of insurance claim on total loss basis subject to the approval and also conditions. It may be noted that initially the complainant inadvertently submitted a driving license of the driver purported to have been issued by Transport Authority Mathura. However, when the complainant came to know about the error, he submitted original driving license of the driver of the car bearing No.7530/N/11 issued on 23.11.2011 by RRO Gurgaon and valid upto 22.11.2014. Despite of the driving license issued by Gurgaon Transport Authority being valid, the insurance company repudiated the claim vide letter dated 01.08.2012 on the ground that by holding two driving license, the driver of the car has committed violation of the provisions of the Motor Vehicles Act, 1988 ( in short, 'the Act') which amounts to the violation of the terms and conditions of the policy. Aggrieved by the repudiation of the insurance claim, the petitioner filed a consumer complaint which was resisted by the opposite parties.

(3.) The District Forum Panipat on consideration of the pleadings and evidence dismissed the complaint. Relevant observations of the District Forum are reproduced as under: