DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

Civil Station, Palakkad 678001, Kerala

Dated this the 17^th day of February, 2009

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

C.C.No.60/2007

V.Sankara Menon (Capt. Retd.),

Sreelayam,

Amittikkara,

Kumaranellur Post,

Palakkad – 679 552. - Complainant

(By Adv.T.U.Shaik Abdulla)

Vs

The Oriental Insurance Co. Ltd.,

Branch Office,

Jyothi Super Bazar,

Thodupuzha – 685 584

(By Adv.P.Ramachandran) - Opposite parties

O R D E R

By Smt.Seena.H, President

Brief facts of the complaint is as follows:

The complainant is the owner of a Taxi Cab Mahindra Bolera XL bearing Regn. No.KL-09/P 7163. Vehicle was insured with the opposite party with comprehensive insurance policy. During the existence of the valid policy, vehicle met with an accident on the way to Guruvayur on 20/04/05. The same was intimated to the opposite party as per claim No.6/215. After so many correspondence with the opposite party, opposite party finally repudiated the claim stating that the complainant is not holding specific driving licence with badge to drive taxi cabs. According to the complainant, he is eligible for the insurance amount and the act of the opposite party repudiating the claim amounts to deficiency of service on their part.

2. Opposite party filed version with the following contentions. The main contention raised by opposite party is that at the time of accident, complainant is not having a valid

licence to drive a taxi cab. He is not having badge to drive the commercial vehicle. As per the Motor Vehicles Act no person shall drive a transport vehicle unless his driving licence specifically entitles him to do so. Complainant has not proved that he was holding badge to drive a taxi cab. Further the complainant has not produced any documents to prove the accident and the actual damages caused to the vehicle. According to the opposite party, there is no deficiency of service on the part of the opposite party.

3. The issues for consideration are;

1. Whether there is deficiency of service on the part of opposite party? and

2. If so, what is the relief and cost?

4. Issues No.1 & 2: Issuance of policy is admitted by the opposite party. The specific contention of opposite party is that the complainant is not having driving licence to drive transport vehicles. The fact is revealed from Ext.A15 and the same is admitted by the complainant also. The vehicle was registered as Motor cab and opposite party has issued the policy as per registration certificate. Registration certificate is marked as Ext.A16 series. Requirement of badge for driving transport vehicle being a mandatory provision under the Motor Vehicles Act, opposite party has rightly repudiated the claim of the complainant. In view of the above discussions we are of the view that there is no deficiency of service on the part of the opposite party.

5. In the result, complaint dismissed with no order as to cost.

6. Pronounced in the open court on this the 17^th day of February, 2009

Sd/-

Smt.Seena.H,

President

Sd/-

Smt.Preetha.G. Nair,

Member

Sd/-

Smt.Bhanumathi.A.K,

Member

Appendix

Exhibits marked on the side of complainant

Ext.A1 – Copy of insurance policy issued by opposite party

Ext.A2 – Copy of letter dt.02/06/2005 sent by opposite party to complainant

Ext.A3 – Copy of letter dt.11/07/2005 sent by complainant to opposite party

Ext.A4 – True copy of letter dt.12/07/2005 sent by opposite party to complainant

Ext.A5 – True copy of letter dt.21/07/2005 sent by opposite party to complainant

Ext.A7 – Acknowledgement card from opposite party dt.22/03/2007

Ext.A8 - Acknowledgement card from the Branch Office, Muvattupuzha dt.22/03/2007

Ext.A9 - Acknowledgement card from the Branch Office, New Delhi dt.23/03/2007

Ext.A10 - Acknowledgement card from the Branch Office, Ernakulam dt.22/03/2007

Ext.A11 – Lawyer notice dt.23/04/2007 issued by opposite party

Ext.A12 – Copy of Cash receipt dt.20/05/2005 for Rs.40,000/- issued by T.V.Sundram Iyengar

& Sons Ltd.

Ext.A13 - Copy of Cash receipt dt.20/05/2005 for Rs.3,831/- issued by T.V.Sundram Iyengar

& Sons Ltd.

Ext.A14 (Series) 3 in Nos. – Copy of Invoices No.160 & 161 dt.19/05/2005 and covering letter

issued by T.V.Sundram Iyengar & Sons Ltd.

Ext.A15 – Photo copy of Driving licence of complainant

Ext.16 (Series) – 2 in Nos. - Copy of certificate of registration produced by complainant

Ext.A17 – Cash receipt dt.20/04/2005 for Rs.2,000/- issued by M/s.Sree Muthappan Transport

towards towing charges.

Ext.A18 (Series) 7 pages – Motor survey report dt.16/05/2005 of Sri.Babu.A.V, Insurance

Surveyor

Ext.A19 – Copy of estimate of T.V.Sundram Iyengar & Sons Ltd

Ext.A20 (Series) – Copy of certificate of registration, Permit, Form 38 etc produced by

opposite party

Exhibits marked on the side of opposite party

Ext.B1 – Copy of lawyer notice dtd.23/04/2007 issued by opposite party

Ext.B2 – Copy of letter dt.21/07/2005 sent by opposite party to complainant

Ext.B3 – Copy of letter dt.21/06/2005

Ext.B4 – Copy of judgement dt.09/12/2003 passed by Consumer Disputes Redressal Forum,

Ernakulam

Ext.B5 – Certificate-cum-policy schedule