SMT. MAANKUNWAR SINHA W/O LATE TULSIRAM SINHA, R/O DEEPAK NAGAR, DURG,TEHSIL AND DISTRICT DURG C.G. Vs. ORIENTAL INSURANCE CO. LTD. THROUGH DIVISIONAL MANAGER, DIVISIONAL OFFICE PARMANAND BHAWAN, NEAR RAJENDRA PARK CHOWK, G.E. ROAD, DURG, TEHSIL AND DISTRICT DURG C.G.

JUDGEMENT

(1.) Late Shri Tulsiram Sinha, owner of a Tata Safari Vehicle bearing registration No. CG-13-C-7766, got the said vehicle insured with the respondent. Under the insurance policy issued to him, his nominee was entitled to receive a sum of Rs.2,00,000.00, in the event of the insured dying in an accident. On 04.12.2013, the aforesaid vehicle, while being driven by late Shri Tulsiram Sinha fell in a river, resulting in his death due to drowning. The complainants submitted two separate claims, one for the grant of accidental benefit and other for the reimbursement on account of loss of the vehicle. The insurer however, did not settle the claim. Being aggrieved, the petitioners/complainants approached the concerned District Forum by way of two separate complaints.

(2.) The complaints were resisted by the insurer, primarily on the ground that at the time of the accident, late Shri Tulsiram did not possess a valid and effective driving licence and therefore, he committed breach of the terms and conditions of the insurance policy taken by him. It was stated in the reply that the driving licence issued to deceased had expired on 01.7.2012, more than one year and five months before the accident.

(3.) The District Forum, having decided in favour of the complainants, the insurer approached the concerned State Commission by way of two separate appeals. Vide its order dated 22.04.2015, the State Commission allowed the appeals and dismissed the complaints. Being aggrieved the complainants are before this Commission by way of these revision petitions.