ORIENTAL INSURANCE CO LTD Vs. RAJENDRA KUMAR AJMANI

JUDGEMENT

(1.) This appeal under Sec.15 of the Consumer Protection Act, 1986 , is directed against the order dated 4.8.2006 in Complaint No.132/2005 passed by District Consumer Disputes Redressal Forum, Bilaspur (hereinafter called "district Forum" for short) directing the appellant insurer to pay to the complainant/respondent compensation of Rs.1,00,845 with interest @ 9% p. a. payable from 31.3.2005. Besides, cost of Rs.1,000 was also awarded.

(2.) Indisputably the complainant/respondent is the owner of Swaraj Mazda vehicle having registration No. CG-10-A-5410. The said vehicle was comprehensively insured by the appellant insurer covering the risk thereof, from 23.2.2004 to 22.2.2005. It is also now not in dispute that, the said vehicle met with an accident on 16.5.2004 near village Limtara on Bilaspur-Raipur Road. The complainant reported the accident to the appellant insurer and on the direction of the appellant, got it repaired. The surveyor Utkarsh Shingwekar, appointed by the appellant insurer, in his report dated 7.7.2004 assessed the loss to the vehicle at Rs.1,00,845. However, the claim of the complainant was repudiated by the appellant insurer by their letter dated 31.3.2005 on the ground that the driver driving the vehicle at the time of accident did not possess valid and effective driving licence. Feeling aggrieved by the repudiation as above, the complainant filed the complaint before the District Forum, claiming compensation of Rs.1,20,000 with interest and cost, etc.

(3.) The complaint was resisted by the appellant insurer. It was averred that the driver Manoj Kumar Yadav did not possess driving licence for driving goods vehicle. Therefore, he was not competent to drive the vehicle in question. It was stated that the claim of the complainant was justifiably repudiated. It was accordingly prayed that the complaint be dismissed.