Passed by Shri Atul D. Alsi, Hon’ble President 

1. The complainant owned Toyota Fortuner Car on 18.12.2014 bearing MH-31- EK-7741 and insured with opposite party for the insured value of Rs.16,00,000/-. On 3.7.2017 the complainant had gone to Khandwa in State-MP while in transit because of stray animal on highway the vehicle skidded off the road and got damage. The passengers inside the car also suffered injury the outcome of accident FIR came to be registered at police station Roshni District Khandwa. The Complainant brought vehicle on tow to Nagpur. The complainant submitted insurance claim with opposite party with relevant documents. The vehicle was repaired by complainant and incurred expenses of Rs. 7,42,390/. The complainant has driving licence bearing MH-31 19980007230 which was issued by RTO Nagpur on 18.7.1998 was expired on 5.5.2017.  Thereafter the complainant renewed the licence but the opposite party repudiated the insurance claim on the ground that the complainant was not holding valid driving licence at the time of accident dated 3.3.2017 and express the inability to honour  the claim vide issued letter date 16.8.2017.  The opposite party has rejected the claim unfairly therefore the present complaint is filed to refund the amount of insurance claim of Rs.7,42,390/- alongwith towing charging of Rs.20,000/- and Rs.2,00,000/- towards mental torture and cost of litigation. 
2. The opposite party filed a reply at Ex.7 and denied the allegation but admitted the insurance policy of complainant vehicle and further submitted that for breach of drivers clause of the policy a person while driving vehicle shall hold effective/ valid driving licence at the time of accident as per condition no. 8 and as per general exception 3(b) of terms and condition of policy.  For the breach of terms and condition of contract the insurance company is not liable to pay compensation. The opposite party submitted in reply that accident took place on 3.7.2018 and complaint driving licence had expired on dated 5.5.2017 and renewed on 13.7.2017 therefore the complainant did not have valid driving licence at the time of accident. Therefore complainant was not eligible to drive the vehicle as per driver’s clause of motor vehicle comprehensive policy.  Therefore there is no illegibly in rejection of claim.
3. We have heard advocates of both the parties.  We have also perused the complaint, reply filed by the O.P., affidavits and documents filed by both the parties.
3582407835169.  
4. The basic dispute as per repudiation of claim is not holding of valid and effective driving licence. The accident took place on 3.7.2017. and the complaint driving licence was expired on 5.5.2017 but renewed on 13.5.2017. The extract copy of driving licence is filed on record at document no. 3 as per list of document dated 28.8.2018 by opposite party. As per extract of driving licence the driving licence of complainant for non transport category is valid from 18.7.1998 to 12.7.2022. The driving licence can be renewed for the living person within one year of expiry and having restrospective effect for the period of lapsation, therefore it is not breach of terms and condition of policy and driver clause of the policy.  Therefore repudiation of claim on the ground of not holding valid driving licence does amount to deficiency of service therefore complaint case is partly allowed and opposite party is directed to pay the insurance claim of Rs.7,42,390/- alongwith  interest  at the rate of 6% p.a. from the date of judgement till its realisation alongwith compensation Rs.20,000/- for mental torture and Rs.10,000/- for the cost of litigation.

ORDER

i.          Complaint is partly allowed.

ii,         The O.P. shall  pay Rs.7,42,390/- with interest  at  the rate of 6% p.a.

from date of judgement till realisation of amount towards insurance claim of complainants vehicle bearing  No. MH-31- EK-7741 .

 ii         The O.P. shall  also pay  to the complainant compensation Rs.20,000/-

                         towards for mental  torture and Rs. 10,000/- towards cost of  litigation.

 iii.       Copy of order be furnished to both the parties free of cost.