UNITED INDIA INSURANCE COMPANY LIMITED Vs. LAXMI

JUDGEMENT

(1.) Late Shri Narayan Lal Jain, husband of complainant No.1 and father of complainant No. 2 and 3 obtained an insurance policy in respect of a motorcycle owned by him. The said policy also carried benefit of insurance, in case of the insured dying in an accident. The deceased insured having died while driving the above referred motorcycle, a claim was lodged for reimbursement of the damage sustained by the vehicle as well as for payment of personal accident cover available under the insurance policy. The claim having been repudiated, the complainants / respondents approached the concerned District Forum by way of a consumer complaint.

(2.) The complaint was resisted by the petitioner primarily on the grounds that the complainants did not submit driving licence of the insured to prove that he was holding a valid driving licence at the time of the accident. Being aggrieved from the non-payment of the claim, the complainants approached the concerned District Forum by way of a consumer complaint. The complaint was resisted by the petitioner, primarily on the ground that the deceased did not hold a valid driving licence at the time of accident and therefore, he had contravened condition No.3 of the insurance policy.

(3.) The District Forum having dismissed the complaint, the complainants / respondents approached the concerned State Commission by way of an appeal. Vide impugned order dated 02.9.2015, the State Commission allowed the appeal and directed the petitioner to pay a sum of Rs.1,00,000/- to the complainant, along with interest @ 9% per annum and compensation quantified at Rs.20,000/-. Being aggrieved from the order of the State Commission, the insurer is before this Commission by way of this revision petition.