UNITED INDIA INSURANCE CO LTD Vs. SUMAN

JUDGEMENT

(1.) Heard.

(2.) Brief facts are that Shri Sudhir Pratap Singh, husband of Respondent/Complainant (since deceased) was the registered owner of the Motorcycle No.UP-83-H2538 was not holding a valid licence to drive the said vehicle on the date of accident in which he and the pillion driver died instantaneously. The vehicle in question was comprehensively insured and secondly the insurance policy covered the life risk of the registered owner. Whereas the Insurance company had no objection to pay the insured price of the vehicle but it repudiated the claim of the life risk amounting to Rs.1,00,000/-. Respondent filed consumer complaint before District Forum, Ferozabad praying for directions to the petitioner to pay a sum of Rs.1,00,000/- due to accidental death of her husband and Rs.50,000/- for financial loss and Rs.50,000/- for mental pain and agony, total amount of Rs.2,00,000/- with interest @ 18% p.a.

(3.) Petitioner in its reply stated that since husband of respondent has no valid and legal driving licence as per terms and conditions of the insurance policy at the time accident, claim of petitioner was repudiated. Thus, complaint is liable to be dismissed.