NATIONAL INSURANCE CO. LTD. Vs. KANTI LAL

JUDGEMENT

(1.) This Revision Petition No. 241 of 2018 challenges the order of Himachal Pradesh State Consumer Disputes Redressal Commission, Shimla ('the State Commission') dtd. 4/12/2017m vide which the State Commission dismissed First Appeal No. 116/2017 and affirmed the order of the District Consumer Disputes Redressal Forum, Kullu, H.P ('the District Forum') dtd. 19/1/2017.

(2.) For convenience, the parties are referred to as placed in the original Complaint filed before the District Forum.

(3.) Brief facts of the case, as per the Complainant, are that he is the registered owner of Taxi Regn No. HP-01K-3851. He insured the vehicle with the Opposite Party (OP) insurer and the policy was valid up to 24/12/2014. The insured vehicle had met with a serious accident on 21/12/2013 near Army Transit Camp, Jhakri, Shimla, resulting in total loss of the vehicle. It is his contention that on reporting the incident, the damaged vehicle was inspected by the OP appointed surveyor, and all documents as demanded were duly submitted. Despite compliance with all policy terms and conditions, the claim was repudiated on the ground that the driver was not holding a valid and effective Driving License at the time of the accident. He contended that the claim repudiation is arbitrary, illegal, and amounts to deficiency in service by OP. The Complainant thus sought direction to OP to pay Rs.6,00,000.00 towards the total loss of the vehicle along with interest @ 18% per annum, damages of Rs.7,00,000.00 for mental agony, harassment, and financial loss caused due to non-settlement of the claim.