By Smt. C.S. Sulekha Beevi, President,

1. Complainant is the owner of KL-10 R/1191 Swaraj Mazda vehicle which was insured with opposite party. During the currency of the policy the vehicle met with an accident on 21-11-2004 at 11.30 AM at Nellikkad. The vehicle sustained heavy damage. Though complainant preferred a claim to opposite party under the comprehensive insurance policy, opposite party repudiated the claim on the ground that the driver did not have an effective valid driving license at the relevant time. It is averred that the accident occurred due to brake failure and not due to any act of negligence on the part of the driver. That the repudiation is on unsustainable grounds. Hence this complaint alleging deficiency in service and praying to direct opposite party to indemnify the loss.

2. Opposite party has filed version admitting the insurance coverage, and accident. It is submitted that the driver of the vehicle was not qualified to drive a goods vehicle as he did not possess a valid effective driving license with badge at the relevant time. That complainant has violated the conditions and terms of policy and acted against provisions of Motor Vehicle Act by entrusting the vehicle to be driven by a person who does not possess valid license. That the accident occurred due to rash and negligent driving of the vehicle by the said driver, and that liability of opposite party is limited tot he terms and conditions of the policy and as per provisions of M.V. Act. That the repudiation of claim was on valid grounds and that there is no deficiency in service.

3. Both sides have filed sworn affidavits reitering their respective pleadings. Exts.A1 to A8 marked for complainant. Exts.B1 and B2 marked for opposite party.

4. The crux of the case before us is whether the driver of the vehicle had a valid effective driving license at the relevant time.

5. Ext.A6 is the copy of the driving license of the driver Sri.P.L.Joy. Ext.B1 is the particulars of driving license of the said driver issued by the Assistant Licensing Authority, North Paravoor. From these documents it is seen that Sri.P.L.Joy who was the driver of the vehicle at the relevant time had not renewed his driving license and the validity had expired on 14-3-2004. The date of accident is 21-11-2004. The license was not renewed within a period of 30 days. It is crystal clear that the driver did not possess a valid driving license at the relevant time which is definitely violation of conditions of policy as well as provisions of the M. V. Act. Though it is submitted by the complainant that the accident occurred due to brake failure, as per Ext.A1 which is the First Information Report it is seen that the accident which is a collision between two vehicles occurred due to rash and negligent driving of the driver of the vehicle owned by the complainant herein. Ext.A1 shows that the absence of qualification to drive the vehicle was material to the cause of accident and to the damage sustained by the vehicle. There is flagrant violation of policy condition by the complainant. The repudiation of claim by the opposite party is only justifiable. We do not find any deficiency in service on the part of opposite party.

6. In the result, complaint dismissed. Parties are directed to bear their respective costs.

Dated this 27th day of April, 2009.

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER

APPENDIX

Witness examined on the side of the complainant : Nil

Documents marked on the side of the complainant : Ext.A1 to A8

Ext.A1 : Photo copy of the First Information Report dated, 23-11-2004

prepared by Sri.K.Aswinkumar, S.I. of Police, Tirur.

Ext.A2 : Photo copy of the Motor claim Form submitted by complainant

to opposite party.

Ext.A3 : Photo copy of the letter dated, 24-11-2004 from Service Manager,

M.K. Automobiles to opposite party.

Ext.A4 : Photo copy of the letter dated, 04-2-2005 from opposite party to

complainant.

Ext.A5 : Photo copy of the driving license.

Ext.A6 : Photo copy of the driving license of P.L. Joy, Driver.

Ext.A7 : Photo copy of the request dated, 21-3-2005 by complainant

to opposite party.

Ext.A8 : Photo copy of the repudiation letter dated, 05-4-2005

from opposite party to complainant.

Witness examined on the side of the opposite parties : Nil

Documents marked on the side of the opposite parties : Ext.B1 and B2

Ext.B1 : DL particulars issued to Sri. P.L. Joy dated, 16-3-2008

by Asst. Licensing Authority, North Paravoor.

Ext.B2 : True copy of policy issued by opposite party to complainant.

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER