Per Shri Dhanraj Khamatkar – Hon’ble Member:
(1) This appeal takes an exception to an order dated 02.03.2001 passed by the Consumer Disputes Redressal Forum, District Nashik in Consumer Complaint No.345/1998.
(2) The facts leading to this appeal can be summarized as under:
The Appellant/original Complainant had taken an insurance policy for vehicle No.MH-15-K-3396 for the period 08.04.1998 to 07.04.1999. The vehicle met with an accident on 20.06.1998. The Appellant/original Complainant informed the police about the accident. He had informed the same to the Opponent Insurance Company. According to the Opponent Insurance Company it appointed the Surveyor. The Complainant submitted the claim form along with the bills to the Opposite Party. The Opponent had repudiated the claim on the ground that at the time of accident the driver was not having a valid licence. Hence, the Complainant had filed the consumer complaint contending that the Opponent Insurance Company be directed to pay `50,000/- along with interest @18% per annum, `5,000/- as compensation and `1,000/- as costs.
(3) The District Forum after hearing both the parties dismissed the complaint by its order dated 02.03.2001. It is against this order that the present appeal is filed by the original Complainant.
(4) On the date of hearing none was present for the parties. We have gone through the case papers, evidence on record and the order passed by the District Forum.
(5) Admittedly, the Appellant/original Complainant had insured the vehicle with the Opponent and the Insurance was valid from 08.04.1998 to 07.04.1999. Admittedly, the said vehicle met with an accident on 20.06.1998 at 04.30 a.m. On the information by the Appellant/Complainant the Opponent Insurance Company had appointed the Surveyor and during the survey it is seen that at the time of accident the driver was not having a valid licence. As per the Provisions of the Motor Vehicles Act, the driver should bear the effective and valid licence for the driving. In the instance case at the time of accident the driver was not having the valid licence and it is a breach of the terms of conditions of the Insurance Policy.
(6) From the aforesaid facts, taking into consideration the terms and conditions of the Insurance Policy and the breach thereof the Opponent had repudiated the claim. The District Forum after considering the facts of the case has passed the order and we find no reason to interfere the same. We hold accordingly and pass the following order:
O R D E R
(i) Appeal is dismissed.
(ii) The order of the District Forum dated 02/03/2001 passed in Consumer Complaint No.345/1998 is hereby confirmed.
(iii) In the given circumstances, no order as to costs.
Pronounced on 3rd August, 2011.
