RESERVED

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Appeal No. 2095 of 2004

M/s Sahara India, Budh Bazar,

Saroj Cinema, Moradabad through its

Manager.                                                         ....Appellant.

Versus

1-  National Insurance Co. Ltd.,

     3, Middleton Street, Calcutta through

     its Chairman.

2-  National Insurance Co. Ltd.,

     Station Road, Moradabad through

     its Divl. Manager.

3-  National Insurance Co. Ltd.,

     Br. Office-Three, Gagandeep Complex,

     148, Civil Lines, Bareilly through its

      Branch Manager.                                ….Respondents.

Present:-

1- Hon’ble Sri A.K. Bose, Presiding Member.

2- Hon’ble Sri Gobardhan Yadav, Member.

Shri A. Tandan for the appellant.

None for the respondent.

Date   8.9.2016

JUDGMENT

Sri A.K. Bose,  Member- Aggrieved by the judgment and order dated 30.7.2004, passed by the Ld. DCDRF-I, Moradabad in complaint case No.97 of 2003, the appellant/complainant M/s Sahara India has preferred the instant appeal under Section 15 of the Consumer Protection Act, 1986 (Act 68 of 1986) on the ground that the impugned order is arbitrary, perverse and is bad in the eye of law. It was delivered without proper appreciation of law and/or application of mind on the basis of surmises and conjectures and therefore, it has been prayed that the

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order be set aside and the appellant M/s Sahara India be awarded compensation as prayed by it in the complaint otherwise, it will suffer irreparable financial loss.

From perusal of the records, it transpires that the appellant/complainant M/s Sahara India purchased a Splender Motorcycle bearing Chassis no.2C20F21861 and Registration no.UP 25 L-6508 on 8.3.2002 and got the same insured with the respondents National Insurance Co. Ltd. vide Cover Note bearing no.02533 for the period 22.3.2002 to 21.3.2003. On 27.6.2002, Shri Pawan Kumar Srivastava, an employee of the appellant Company was going to Rampur on that Motorcycle. When he reached near Moradabad Bypass Road, he met with an accident with a truck. The Motorcycle got damaged due to the aforesaid accident. Information about the accident was given to the respondent Insurance Company and subsequently, a claim was filed. The claim was, however, repudiated on the ground that rider of the Motorcycle Shri Pawan Kumar did not possess a valid and effective Driving License at the time of accident. There was gross violation of the terms and conditions of the policy and, therefore, the insurer was not liable to indemnify the loss. The Insurance Company also took the plea that Shri Pawan Kumar was not an experienced driver and the accident took place due to his own careless driving. Aggrieved by this repudiation, complaint case no.97 of 2003 was preferred by the appellant M/s Sahara India. The Forum below after hearing the parties and on the basis of the evidence on record held that the Driving License

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no.9993/MBD/99 was a fake one. It was issued in the name of Shri Bobby Srivastava.  Shri Pawan Kumar did not have a valid Driving License on the date of the accident. He tried to cheat the Insurer by filing a fake D.L. The appellant Company violated the terms and conditions of the Insurance Policy by allowing the non-holder of Driving License to drive the Motorcycle and thereby, committed gross breach of terms and conditions. It also held that the accident was due to own fault of the driver/rider. He was not authorized to drive any vehicle. Considering the totality of the circumstances, complaint was dismissed on 30.7.2004. The judgment is based on facts, circumstances and evidence on record. There is no irregularity, illegality or remiss in the same and therefore, we are not inclined to interfere in it.

Besides this, the impugned judgment was delivered on 30.7.2004 whereas, the appeal was filed on 1.11.2004. Thus, it is barred by the period of limitation also. No cogent reason has been assigned for this inordinate delay. No specific finding is given on this aspect of the matter as it has already be observed that the appeal is devoid of merit.  The appeal, being meritless, is liable to be dismissed at the admission stage. 

ORDER

The appeal is dismissed. No order as to costs. Certified copy of the judgment be provided to the parties in accordance with rules.

         (A.K. Bose)                              (Gobardhan Yadav)

    Presiding Member                               Member

Jafri PA II

Court No.3