14-03-2016- Heard Mr. Manish Kumar, learned counsel appearing for the O.P. – Appellant (Insurance Company for short) on the prayer for condoning the delay of about 26 days in filing this appeal as well as on merits.

2. The case of the Complainant in short was that his claim has been repudiated wrongly on the ground that the driver did not possess driving licence to drive tractor – trailer, on the date of the accident; and the vehicle was used on public road as commercial vehicle, in violation of the Motor Vehicle Act.

3. Mr. Manish Kumar supported the said grounds of repudiation.

4. It appears that the Complainant filed attested copy of the driving licence, the genuineness of which was not challenged. However, according to the Insurance Company there should be specific authorization to drive the tractor with trailer. But the driving licence disclosed that the driver was authorized to drive Heavy Motor Vehicle also, by endorsement on the licence dated 08.06.2009, which could not be disputed.

5. The Insurance Company produced a copy of another driving licence in support of its contention that such endorsement was necessary.  But it appears that such authorization was required only for the holder of Light Motor Vehicle.

6. In the circumstances, learned District Forum rightly held that driver was authorized to drive tractor attached with trailer.

7. However, it held that the tractor attached with trailer used for transporting on public road was in violation of limitation as to use, as per the policy. Accordingly, it directed the Insurance Company, to pay the claim on non-standard basis i.e. 75% of the amount of loss assessed by the surveyor of the Insurance Company, with interest @ 9% per annum from the date of the filing of the case i.e. 12.02.2003 and also Rs. 2,000/- as litigation cost.

8.  After hearing Mr. Manish Kumar and perusing the materials brought before us, in our opinion, even if, the delay of about 26 days in filing this appeal is ignored, no grounds are made out for interference with the impugned order.

Accordingly, this appeal is dismissed.

Issue free copy of this order to all concerned for information and needful.

Ranchi,

Dated:- 14-03-2016