Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member
This appeal takes an exception to an order dated 14/02/2007 passed in consumer complaint No.173/2006, Shri Anil Bhimrao Patil (Suryavanshi) V/s. The New India Assurance Co. Ltd., by District Consumer Disputes Redressal Forum, Nashik (‘the Forum’ in short). The consumer complaint stood dismissed and feeling aggrieved thereby, org. complainant preferred this appeal.
The alleged deficiency on the part of Insurance Company pertains to refusal of insurance claim consequent to the breach of terms of the policy that the driver had no valid and legal driving licence on the date of accident. Upholding said contention, the consumer complaint stood dismissed.
Appellant is remaining absent in spite of notice published on the Notice Board of this Commission, the Bar and on Internet as well as separate intimation sent by way of abundant precaution by post on 21/01/2012. Advocate Mr.R.P. Bafna present for respondent. He files Vakalatnama, taken on record. In the given circumstances, this old matter which is lying for admission is heard for admission.
In the first instance, it may be pointed out that the appeal is not preferred against the Insurance Company, as titled before the Forum, but it is against the Manager of the Insurance Company. However, we prefer to look at it differently since Advocate Mr.Bafna who put his appearance for the Insurance Company in effect represented that the appeal is in reality against the Insurance Company only and the description in the appeal title though defective, will not change the nature of the appeal. Apart from that, coming to the merit of the case, the factual aspect that the driver had no valid and effective driving licence on the date of accident is not in dispute. This being a violation of the terms and conditions of the policy, repudiation of the Insurance claim cannot be faulted with and thus, ultimate dismissal of the complaint is proper. We find no reason to take a different view than what has been taken by the Forum. The appeal is devoid of any substance. Hence, we pass the following order :-
-: ORDER :-
1. Appeal is not admitted and stands rejected.
2. No order as to costs.
3. Copies of the order be furnished to the parties.
Pronounced
Dated 6th February 2012.
