By Smt. C.S. Sulekha Beevi, President,
1. Complainant is the Muslim Service Society, Tirur Unit which is a registered Society. This society owns an ambulance Van KL-10 J 3747 which was insured with opposite party for the period 03-12-2002 to 02-12-2003. That the vehicle sustained damage on it's way to Calicut from Tirur in an accident which was a collission with another vehicle. Though claim was preferred to opposite party it was repudiating stating that the driver of the vehicle did not possess a valid and effective driving license on the relevant date of accident. Hence this complaint alleging deficiency in service and to direct opposite party to pay compensation of Rs.42,500/- being the expenses incurred for repairing the vehicle.
2. Opposite party filed version admitting the issuance coverage. It is submitted that the ambulance van comes within the description of Transport vehicle/Public Service vehicle and the vehicle was insured by the complainant according to such terms and conditions. Inspite of this fact, the complainant has permitted a person who does not hold a valid driving license with badge, to drive the vehicle. That even after request to produce the license of the driver, till date complainant has not produced the same before opposite party. This is blatant violation of policy condition and therefore opposite party is not liable to indemnify the complainant. That there is no deficiency in service.
3. Evidence consists of the affidavit filed by complainant and Exts.A1 to A7 marked for him. Opposite party filed counter affidavit. No documents marked for opposite party.
4. The only point that arises for analysation is whether the repudiation of policy on the ground that the driver has no effective valid driving license is justifiable or not.
5. In the complaint it is averred that on receiving request from opposite party to produce the license of the driver the complainant called upon the driver to produce the same. That the driver dilly-dallied the matter and evaded appearing before the complainant and for this reason complainant was impelled to draw adverse inference against the driver. It is also stated by complainant that the driver has since then been removed from service. Thus no documents are produced by the complainant either before opposite party or before this Forum to show that the driver had a valid driving license. We therefore have no hesitation to conclude that the driver had no driving license with badge to drive the vehicle. It is the responsibility of the complainant/owner to see that the vehicle is driven by persons who have valid driving license. Allowing to drive the vehicle by persons who do not possess license is definitely violation of policy condition. There is no shred of evidence placed before us to show that the cause of accident cannot be attributed to the driver of the vehicle owned by complainant. For these reason we hold that the repudiation of policy was on justifiable grounds. We do not find any deficiency in service on the part of opposite party.
6. In the result complaint dismissed. No order as to costs.
Dated this 22nd day of June, 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 A7 Ext.A1 : Photo copy of the Certificate of Insurance dated, 22-12-2002 issued by opposite party to complainant. Ext.A2 : Photo copy of the registered letter dated, 10-11-2003 by opposite party to complainant. Ext.A3 : Letter dated, 10-11-2003 by opposite party to complainant. Ext.A4 : Letter dated, 15-01-2004 by opposite party to complainant. Ext.A5 : Photo copy of the lawyer notice with acknowledgement card dated, 19-01-2004 by counsel for complainant to opposite party. Ext.A6 : Reply notice dated, 28-01-2004 by opposite party's counsel to complainant's counsel. Ext.A7 : Photo copy of the cash bills (4 Nos.) dated, 05-11-2003 from Accord Maruthi Spares, Tirur. Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Nil
Sd/- C.S. SULEKHA BEEVI, PRESIDENT
Sd/- MOHAMMED MUSTAFA KOOTHRADAN, Sd/- MEMBER E. AYISHAKUTTY, MEMBER
......................C.S. SULEKHA BEEVI | | 
