KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM APPEAL NO.227/09 JUDGMENT DATED 29/5/2010 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT K.V.Balakrishnan, S/0 Kuhikoran, Keevees Cottage, Pallam, Udma, -- APPELLANT Hosdurg, Kasaragod. (By Adv.Narayan.R) Vs. The manager, United India Insurance Company Limited, -- RESPONDENT 2nd Floor, Nithyananda (LIC Office) building P.B.No.29, Kottachery, Kanhagad.P.O, Kasaragod. (Adv.R.Jagadhishkumar) JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The appellant is the complainant in CC.106/08 in the file of CDRF, Kasaragod. The complaint stands dismissed. 2. The matter is with respect to repudiation of the Insurance claim with respect to a Scorpio vehicle of the complainant which was covered by a commercial policy. It is the admitted case of the complainant that the incident took place when the personal driver of the complainant who was not having license to drive a commercial vehicle or a transport vehicle. The vehicle hit on the side of a bridge and no other vehicle was involved. 3. The evidence adduced consisted of the proof affidavits of the respective parties and Exts.A1 to A6 series, B1 and B2. 4. It is the case of the appellant/complainant that in the repudiation letter, it is only mentioned that the driver was not having any effective driving license and not the driver was not having a badge. It is also pointed out that there is no reply to the lawyer notice. 5. The Forum below has dismissed the complaint relying on the decision of the Supreme Court in New India Assurance Company Ltd. Vs. Prabhulal (1) 2008 CPJ 1 (SC). It is not disputed that the personal driver of the complainant was having only license to drive light motor vehicles and no the authorization to drive commercial vehicles. Being a contract between the assured and the insurer both sides are bound strictly by the terms of the agreement. Effective driving license with respect to a commercial vehicle envisages that the driver should be having the license and badge. Hence we find that there is no scope for interference. 6. In the result, appeal is dismissed. Office is directed to forward the LCR to the Forum along with a copy of this order urgently. JUSTICE K.R.UDAYABHANU -- PRESIDENT s/L | 
