ABDUL SALEEM Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS Appeal is by the Appellant/ Complainant challenging the Order dated 8. 2. 2007 passed by the District Consumer Forum, Bangalore Urban I Additional, in Complaint No. 3117/2006, by which the District Forum has dismissed his Complaint.

(2.) THE complainant is the owner of vehicle bearing No. KA-0l/ac 7860. The said vehicle was insured with the Respondent/opposite party (for short, "op") for the period from 30. 11. 2005 to 29. 11. 2006. The vehicle met with an accident on 8. 2. 2006. In the said accident, the vehicle suffered certain damage. The fact of the accident was intimated by the Complainant to the OP. The OP in turn appointed a Surveyor to assess the loss. The Surveyor assessed the loss and submitted a Report. In the meanwhile, the OP repudiated the claim of the Complainant on the ground that the Driver who was driving the vehicle at the time of the accident did not have valid Driving Licence to drive "goods Vehicle", Challenging the rejection of the claim, the Complainant filed the Complaint before the District Forum. The District Forum accepting the case of the OP has dismissed the Complaint. This Order is under challenge by the Complainant in this Appeal.

(3.) THE vehicle in question is a "medium Goods Vehicle". It is not in dispute that the Driver did have a valid Driving Licence to drive Light Motor Vehicle for the period from 26. 5. 2000 to 25. 5. 2020 and he had also obtained an Indorsement to drive "goods Vehicl" and "maxi Gab" for the period from 22. 2. 2005 to 21. 2. 2008 as seen from the Driving Licence. Therefore, as on the date of the accident, the Driver did have a Licence to drive Goods Vehicle.