ORIENTAL INSURANCE COMPANY LTD. Vs. ASHOK VERGHESE

JUDGEMENT

(1.) COMPLAINANT /respondent is owner of Eicher (Medium Goods Vehicle) with Registration No. KA 03 -A -4899 and it was comprehensively insured with the petitioner/opposite party for the period from 10.2.2000 to 9.2.2001. The said vehicle met with an accident on 17.4.2000. The Surveyor was appointed. The vehicle was repaired by Canter Automobile Services Pvt. Ltd. and complainant submitted bill for Rs. 1,93,394.95. The petitioner/opposite party repudiated the claim on the ground that complainant violated the terms and conditions of the policy by allowing driver Ravi to drive the vehicle who had no valid and effective driving licence to drive Medium Goods Vehicle same on the date of accident. The complainant had produced endorsement dated 18.9.2000 given by Assistant Regional Transport Officer, Bangalore to the effect that driver Ravi was authorised to drive Light Motor Vehicle and the driving licence was valid from 24.3.2000 to 23.3.2003. The Insurance Company took the plea that the vehicle was insured as Medium Goods Vehicle and as such the driver who had licence for Light Motor Vehicle was not authorised to drive the Medium Goods Vehicle and there being breach of policy condition, the Insurance Company was not liable to pay claim.

(2.) THE District Forum held that the violation of Section 3 of the Motor Vehicles Act was merely a technical deficiency and that the Insurance Company was liable to pay the entire claim. The complaint was, accordingly allowed by directing the petitioner to pay Rs. 1,93,394.95 with 10% p.a. interest from 23.11.2000 till payment with cost of Rs. 5,000.

(3.) THE order of the District Forum was challenged before the State Commission. The State Commission held that from the certificate issued by RTO, it was found that the unladen weight of the vehicle is 3160 kg. and as such the said vehicle is to be treated as Light Motor Vehicle and since the driver had licence to drive the Light Motor Vehicle, the Insurance Company was liable to pay. The appeal was dismissed.