ORIENTAL INSURANCE CO. LTD. Vs. ROOP RAM SAINI

JUDGEMENT

(1.) Revision Petition No. 4499 of 2009 has been filed against the judgment dated 22.12.2008 of the Haryana State Consumer Disputes Redressal Commission, Panchkula ('the State Commission') in Appeal No. 126 of 2006. The admitted facts of the case are that Maruti car bearing Registration No. HR 07 F 2827 was comprehensively insured with the petitioner -Insurance Company for a sum of Rs. 1,50,000 for the period from 14.8.2004 to 13.8.2005. On 12.11.2004 when it was being driven by Saurabh son of the respondent and the respondent was also sitting with him. When they reached near the Gurudwara in village Dharung a truck came from the opposite side, being driven by Ram Chander, and struck the car due to which the car turned turtle and was extensively damaged. Both the occupants of the car suffered injuries. FIR No. 292 under Ss. 279, 337 and 427, IPC was registered at Police Station Sadar, Yamuna Nagar. Necessary information was also given to the Insurance Company in this regard, upon which surveyor was appointed who assessed the damage of the vehicle. However, the Insurance Company repudiated the claim of the respondent on the ground chat the driver Saurav Saini who was driving the car in question, was only holding a learner's driving licence at the time of accident which was not a licence in the eyes of law. Under these circumstances the respondent approached the District Forum by filing a complaint.

(2.) In their written statement, the petitioner -Insurance Company took the preliminary objections that the complaint is not maintainable, as the driver Saurav Saini son of the complainant was holding the learner's driving licence at the time of alleged accident which is not a driving licence in the eyes of law. Hence, the complainant is not entitled for any claim. The claim has rightly been declared as no claim vide letter dated 4.4.2005 in accordance with the terms and conditions of the policy and after due application of mind. After receiving the intimation regarding the accident, surveyor was deputed. As per the FIR contents, the respondent was sitting on the rear seat/back seat of the driver who was having only learner's licence.

(3.) The District Consumer Disputes Redressal Forum, Yamunagar at Jagadhri ('the District Forum') vide its order dated 23.11.2005 while allowing the complaint observed as under: