Dated:29.09.2022

ORDER

BY SRI. K. B. SANGANNANAVAR, JUDICIAL MEMBER

1. This is an appeal filed by OP in CC/28/2015 on the file of District Consumer Disputes Redressal Forum, Kalaburgi aggrieved by the order dated 20.07.2016.

2. Commission examined grounds of appeal, impugned order and heard learned counsel for appellant.

3. It is not in dispute that complainant was the owner of insured vehicle bearing Reg.No.KA-32/B-9281.  It is also not in dispute that the said vehicle was insured with OP for the period commencing from 25.03.2014 to 24.03.2015, covering the own damage risk of the vehicle and this vehicle was registered as the passenger carrying transport vehicle.  This vehicle was met with an accident on 28.08.2014, consequent to such accident vehicle was damaged and he had submitted claim to OP which came to be repudiated on the ground that the driver of the insured vehicle was having LMV (NT) from 26.06.2013 to 03.09.2022.  The Forum below failed to consider Ex.R3 survey report of surveyor assessed at Rs.4,52,908/- and on non standard basis, considered  at 75% of the amount assessed by surveyor, directed OP to pay Rs.3,39,681/- along with interest @ 06% p.a.  In this regard, learned counsel for appellant submits that if the claim of the complainant was the third party claim matter would have been different, but the Forum below ignored that the claim of the complainant is the OD claim and to find support placed decision of the Hon’ble Apex court, in the case of New India Assurance Company Limited v. Prabhu Lal (2008) 1 SCC 696 and National Insurance Company Limited v. Meena Aggarwal (2009) 2 SCC 523 which in fact is referred in the decision of the Hon’ble National Consumer Disputes Redressal Commission in the case of Revision Petition No.579/2013 decided on 06.05.2014 between The Oriental Insurance Company v. Seema, W/o Shri Rajiv Kumar, wherein in para-37 “…….. it becomes abundantly clear that a person who is holding a licence to drive a Light Motor Vehicle, does require the requisite endorsement from the licensing authority to enable him to drive a transport vehicle, including a light commercial vehicle.  In the absent of such endorsement, he cannot be stated to be in possession of a valid and effective driving licence for driving a transport vehicle.” Thus in our view, Forum below ignored the law laid down by Hon’ble Apex Court held as if a 3^rd party claim calls interference. Hence Commission proceed to allow the appeal.  Consequently, set aside the order dated 20.06.2016 passed in CC/28/2015 and dismissed the complaint with no order as to cost.

4. The amount is deposit is directed to be transferred to Forum below for needful.

5. Send a copy of this Order to the District Commission and parties to the appeal.

        Lady Member                             Judicial Member     

*GGH*