By Sri. Chandran Alachery, Member:

The complaint is filed under section 12 of the Consumer Protection Act for an order directing the Opposite parties to pay Rs.45,000/- as insurance claim towards total repair cost and also to pay compensation to the Complainant.

2. Complaint in brief:- The Complainant is the owner of a Four tier Tata Magic Iris Autorikshaw and it met with an accident on 30.03.2014 at Areekode. In the accident, a pedestrian died and the vehicle sustained damage. The Complainant had to spend Rs.45,000/- as repair cost. The vehicle have valid insurance with 1^st Opposite Party and the 1^st Opposite party is liable to pay the insurance. But 1^st Opposite party did not pay the insurance till now. Aggrieved of this the complaint is filed.

3. On receipt of complaint, notices were issued to Opposite Parties and Opposite Parties appeared before the Forum and filed version. Subsequently 4^th Opposite Party is impleaded and notice issued to 4^th Opposite Party is served to 4^th Opposite party. But 4^th Opposite party did not appear and 4^th Opposite party is set exparte. In the version of 1^st Opposite Party, 1^st Opposite Party contended that the complaint is not maintainable for want of territorial jurisdiction. The policy was taken from Cochin office and the claim is repudiated by Cochin Office. The Branch office means the branch office where the cause of action has arisen. The Complainant is not a consumer since the vehicle is used for commercial purpose. The vehicle is registered as light goods vehicle. The Complainant informed the 1^st Opposite Party regarding accident only after 17 days of the accident. On scrutinizing the document submitted by the Complainant particularly the driving license, it is found that the said driving license was not effective on the date of accident. The Complainant was authorised to drive only LMV (non-transport) but the Complainant was driving the transport vehicle on TATA Magic (Goods carrying Vehicle). The eligibility criteria to apply for transport vehicle driving licence is completion of one year driving experience in non transport vehicle. After completion of one year of driving, the Complainant would be eligible to apply for a transport vehicle driving license. But the driving license of Complainant showing that the LMV- Transport issued on 04.03.2014 therefore the Complainant is eligible to apply the license to drive the transport vehicle after completion of 1 year. The accident happened on 30.03.2014. The Complainant violated the drivers clause and is excluded from liability. The 2^nd and 3^rd Opposite Party denied the all the allegation in the complaint and prayed for dismissal.

4. After raising two issues such as whether there is deficiency of service from the part of Opposite Parties and cost and relief, the Complainant was examined as PW1 and documents are marked as Ext.A1 to A5. From the part of 1^st Opposite party, a witness is examined as OPW1 ie one Assistant Motor Vehicle Inspector. The Forum heard the arguments of the Complainant and Opposite Parties and the case is posted for orders. Since the Complaint filed a petition for adjourning the judgment of the case and praying for steps. The Complainant then filed a petition ie IA 523/15 for a permission to withdraw the complaint with a permission to file fresh complaint. Since the entire evidence is over in this case, copy of IA 523/15 is served to all Opposite parties and Opposite parties No.1 to 3 filed counter. Heard both sides. On perusal, it is found that the Complainant is given sufficient time to adduce his evidence and Opposite parties also adduced their evidence. Now at this belated stage allowing the Complainant to withdraw the complaint with a permission to file fresh complaint will cause injustice to the Opposite Parties. Hence the Forum found that the IA 523/15 is not sustainable at this stage and the Forum dismissed the petition.

5. Point No.1:- When coming to the merits of case, the 1^st Opposite party repudiated the claim on the ground that the Complainant got four wheel license on 04.03.2014 and after one year from this date only the badge to drive transport vehicle will be issued to the Complainant. The Complainant do not have badge at the time of accident. To prove this point, the 1^st Opposite party produced one witness ie the Assistant Motor Vehicle Inspector, Regional Transport Office, Kalpetta and is examined as OPW1. The OPW1 deposed before the Forum that the Ext.A2 driving license of the Complainant is issued to the Complainant by the Regional Transport Officer, Kalpetta. As per Ext.A2, The Complainant have license to drive LMV vehicle from 04.03.2014 onwards. It is a license to drive non-transport vehicle. Only after One year from the date of issue of LMV license, the badge to drive transport vehicle will be issued. It is stated in rule 6 of Kerala Motor Vehicle Rules. On analysing the entire evidence and documents, the Forum found that the Complainant violated in policy conditions. Therefore, the repudiation of claim is lawful. The Forum found that there is no deficiency of service from the part of 1^st Opposite party. The other Opposite parties are in noway connected with the policy. Point No.1 is found accordingly.

6. Point No.2:- Since point No.1 is found in favour of Opposite party, the Complainant is not entitled to get cost and compensation.

In the result, the complaint is dismissed. No order as to costs.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Forum on this the 12^th day of November 2015.

Date of Filing:28.04.2015.

PRESIDENT :Sd/-

MEMBER :Sd/-

MEMBER :Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:

PW1. Unnikrishnan Complainant.

Witness for the Opposite Parties:

OPW1. Sreeni. S.D AMVI, Kalpetta

Exhibits for the complainant:

A1. Copy of Passenger Carrying Package Policy Certificate Cum Policy Schedule.

A2. Copy of Driving Licence.

A3. Copy of Certificate of Registration.

A4(1) Copy of Tax Invoice. dt:03.05.2014

A4(2) Copy of Tax Invoice. dt:21.05.2014.

A4(3) Copy of Tax Invoice. dt:30.04.2014.

A4(4) Copy of Terms and Conditions.

A5(1) Letter. dt:04.06.2014

A5(2) Letter. dt:23.05.2014.

Exhibits for the opposite Parties.

Nil.