DEVENDRA KUMAR SHARMA Vs. NEW INDIA ASSURANCE COMPANY

JUDGEMENT

(1.) This is a complainant's appeal against the order dated 10.1.1996 passed in Case No.392/94 by the District Consumer Disputes Redressal Forum, Gwalior (for short the 'district Forum' ).

(2.) It is not in dispute that a Matador owned by the complainant bearing No. MP-07 7020 was comprehensively insured with the opposite party for a period of one year commencing from 14.10.1992 to 13.10.1993. During the period of insurance, vehicle met with an accident of which the claim was lodged, the claim was repudiated by the Insurance Company on the ground that the driver of the vehicle at the relevant time was not holding a valid driving licence to drive a transport vehicle as the licence did not have authorisation or endorsement of the Licensing Authority to drive the transport vehicle as required by the Sec.3 of the Motor Vehicles Act, 1988 . The complaint filed by the complainant was resisted. The District Forum dismissed the complaint.

(3.) Mr. B. V. Bhargava, learned Counsel for the appellant, submits that a driver was holding a licence to drive light motor vehicle and the Matador mini bus within the weight of light motor vehicle that is within 7500 k. gms, therefore, repudiation of the claim was on unjustifiable grounds. Alternatively, it was submitted that even there was breach of conditions, the opposite party ought to have considered the claim as sub- standard claim in view of Clause 10 of Procedure Manual of Motor Claims.