STATE BANK OF INDIA Vs. M PONNIAH NADAR

JUDGEMENT

(1.) - This is a complaint under Sec.17 read with Sec.12 of the Consumer Protection Act, 1986

(2.) The complainant is the owner of a heavy goods vehicle bearing Registration No. CAA-2006. The said vehicle was insured with Opposite Party-the New India Assurance Company Ltd. for the period from 26.12.91 to 25.12.92. The amount assured was Rs.1,20,000/-. At about 6.30 a. m. on 13.7.92 the said vehicle met with an accident and a claim was preferred by the complainant with the Opposite Party. The Opposite Party repudiated the claim on the ground that the driver of the vehicle who drove the vehicle at the time of the accident was not having a valid licence to drive the heavy goods vehicle. The complainant claimed a sum of Rs.1,09,200/- from the Opposite Party towards compensation.

(3.) The Opposite Party filed its counter and pointed out that the vehicle of the complainant was a heavy goods vehicle and the driver who drove the vehicle at the time of the accident was not having a proper licence to drive the heavy goods vehicle. The specific averments of the Opposite Party in this regard at paras 3 and 4 of its version read as under: "3. It is true that the complainant was the owner of the Heavy Goods Vehicle bearing No. CAA-2006. The said vehicle having met with an accident on 13.7.92 had sustained damages. The complainant informed this respondent to assess and pay the damage and loss caused to the complainant in terms of the policy. This respondent on receipt of intimation arranged the survey without prejudice to its rights to admit or reject the claim under the policy.4. From the particulars furnished in the Claim Form by the complainant and on verification of the Driving licence of the driver who was driving the vehicle it was noticed that the driver who was driving the vehicle at the time of the accident was licensed to drive medium passenger vehicle and heavy passenger vehicle only. The driver was not authorised or licensed to drive heavy goods vehicle. " The Opposite Party on the basis of these averments sought the complaint to be dismissed.