KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAUD THIRUVANANTHAPURAM
FA.559/10
JUDGMENT DATED 25.2.2011
PRESENT
SMT.VALSALA SARANGADHARAN -- MEMBER
SHRI.M.V.VISWANATHAN -- JUDICIAL MEMBER
SHRI.M.K.ABDULLA SONA -- MEMBER
1. The Branch Manager,
M/s.New India Assurance Co.Ltd;
Changanassery.
2. The Branch Manager, -- APPELLANTS
M/s.New India Assurance Co.Ltd;
Pathanamthitta Branch.
(BY Adv.M.Nizhamudeen)
Vs.
Annamma Joseph
Vedam Parampil Veedu, -- RESPONDENT
Peringara Village,
Thiruvalla Taluk.
(By Adv.R.Jagadish kumar)
JUDGMENT
SHRI.M.V.VISWANATHAN,JUDICIAL MEMBER
Appellants were the opposite parties and respondent was the complainant in CC.131/09 on the file of CDRF, Pathanamthitta. The complaint was filed alleging deficiency in service on the part of the opposite party/New Indian Assurance Company Ltd; in repudiating the insurance claim preferred by the complainant under the Policy No.760102/31/08/01/7598. Opposite parties entered appearance and filed written version denying the alleged deficiency in service. They contended that the driver of the insured vehicle was not having a valid and effective driving license to drive the insured vehicle at the time of the accident and thereby the complainant violated the policy conditions. Thus the opposite parties justified their action in repudiating the insurance claim.
2. Before the Forum below, the complainant was examined as PW1 and Exts. A1 to A4 documents were marked on her side. On the side of the opposite party/New India Assurance Company Ltd; Ext. B1, B1 (a) and B1 (b) documents were marked. On an appreciation of the evidence on record, the Forum below allowed the complaint directing the opposite parties to pay the insured sum of Rs.1 lakh to the legal heirs of the deceased insured. Aggrieved by the said order, the present appeal is filed by the opposite parties therein.
3. We heard both sides.
4. The learned counsel for the appellants/opposite parties submitted his arguments based on the grounds urged in the memorandum of the present appeal. He vehemently argued for the position that the Forum below failed to appreciate the evidence on record that the driver of the insured vehicle was not having a valid driving license at the time of the accident. Thus, the appellants prayed for setting aside the impugned order passed by the Forum below. On the other hand, the learned cunsel for the respondent/complainant supported the impugned order dated 20th July 2010 passed by CDRF, Pathanamthitta in CC.No.131/09.
5. There is no dispute that the respondent/complainant’s husband Mr. V.V.Joseph was owner of the insured vehicle bearing registration No.KL.27/5790. Admittedly the aforesaid vehicle met with an accident on 25.5.09 at 3 PM. The said insured vehicle was driven by V.V.Joseph, the owner cum insured at the time of the accident which occurred on 25.5.09. The aforesaid vehicle was insured with the New India Assurance Company Ltd and at the time of the accident, there was a valid and effective insurance policy for the said vehicle. It is categorically contended by the opposite party, the insurer of the vehicle that at the time of the accident, the driver cum insured Mr.V.V.Joseph was not having a valid and effective driving license and thereby there occurred violation of the policy condition. It is on the said ground, the appellants/opposite parties repudiated the insurance claim preferred by the complainant, the wife of the owner cum insured Mr.V.V.Joseph.
6. There is no dispute that the driver cum insured Mr.V.V.Joseph succumbed to the injuries sustained in the aforesaid accident which occurred on 25.5.09. Ext.A4 driving license issued in the name of Mr.V.V.Joseph would make it clear that the said license was expired in the year 2007. It would show that the said license had expired about 2 years prior to the accident which occurred on 25.5.09. It is a well settled position that driving of insured vehicle without valid driving license would amount to violation of the policy condition. Ext.B1 series of documents would make it clear that for driving the insured vehicle, valid and effective driving license was a must. In the present case on hand, the driver cum insured had no valid driving license at the time of the accident. Thus, the driver cum insured committed violation of the policy conditions. It is a well settled position that the insurance company can very well repudiate the insurance claim for violation of the policy condition like driving of the insured vehicle without valid driving license. So, the appellants/opposite parties are perfectly justified in repudiating the insurance claim. The Forum below has gone wrong in allowing the complaint in CC.131/09. So, the impugned order passed by the forum below is liable to be quashed. Hence we do so.
In the result, the appeal is allowed. The impugned order dated 20.7.2010 passed by CDRF, Pathanamthitta in CC.131/09 is set aside and the complaint therein is dismissed. The parties are directed to suffer their respective costs through out.
M.V.VISWANATHAN -- JUDICIAL MEMBER
VALSALA SARANGADHARAN -- MEMBER
M.K.ABDULLA SONA -- MEMBER
