D.o.F:2/6/06<br /> D.o.O.21/7/08<br /> IN THE CONSUMER DISPUTES REDRESSAL FORUM KASARAGOD<br /> CC.No.66/06<br /> Dated this, the 21st day of July 2008<br /> PRESENT:<br /> SRI.K.T.SIDHIQ : PRESIDENT<br /> SMT.P.RAMADEVI : MEMBER <br /> SMT.P.P.SHYMALADEVI : MEMBER <br /> <br /> V.Krishnan,<br /> S/o Late Raman,<br /> Veditharakkal House, Uduma, : Complainant<br /> Po.Bekal,Kasaragod.<br /> <br /> The National Insurance Co.Ltd,<br /> Usman Road, T.Nagar,Chennai, : Opposite party<br /> Tamilnadu.600017.<br /> <br /> ORDER<br /> SRI.K.T.SIDHIQ: PRESIDENT:<br /> <br /> <br /> <br /> The short question arises for consideration in this complaint is whether the repudiation of claim of the complainant Krishnan by National Insurance Co.Ltd amounts to deficiency in service.<br /> <br /> Tersely stated:<br /> The vehicle bearing Reg. No.KL 13J/1779 belongs to V.Krishnan duly insured with National Insurance Co.Ltd met with an accident and sustained damages. National Insurance Company informed and the surveyor appointed, assessed the damages. But the claim is repudiated on the ground that at the time of accident the driver Rajan was not possessing a valid driving license to ply the vehicle. Hence the complaint alleging deficiency in service on the part of National Insurance Co.Ltd.in repudiating the claim. <br /> <br /> 2. In version National Insurance Company submitted that at the date of accident ie, on 2//8/05 driver Rajan who plied the vehicle was not having a valid driving license.<br /> <br /> 3. Krishnan submitted Ext.A1 in support of his claim. The counsel for National Insurance Co. submitted Exts.B1 to B3 in support of their contentions.<br /> 4. Ext.A1 is the policy issued by National Insurance Co.Ltd in respect of the vehicle KL 13-J 1779. Ext.B1 is the survey report as per which the surveyor assessed a sum of Rs.28594/- as damages. Ext.B2 is the claim repudiation letter. The reason for repudiation in Ext.B2 is that at the time of accident driver Rajan who plied the vehicle was not having a valid license.<br /> Ext.B3 the photocopy of the driving license of Rajan who driven the vehicle at the relevant time of accident shows that on 2/8/05 he was not authorized to drive a transport vehicle and the same was renewed from 18/8/05 to 17/8/08 ie 16 days after accident.<br /> 5. So the contention of National Insurance Company is appears to be true and the repudiation of claim is justified.<br /> Therefore, we do not find any deficiency in service on the part of National Insurance company and the complaint therefore dismissed.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> Exts:<br /> A1-9/8/04- Policy issued by OP<br /> B1-14/9/05-Survey report<br /> B2-19/7/05-Claim repudiation letter<br /> B3-Copy of driving license<br /> <br /> MEMBER MEMBER PRESIDENT<br /> eva/<br />