CHANDER SHEKHAR SHARMA,J. - (1.) THIS appeal is directed against the order of District Forum, Shimla, Himachal Pradesh passed in Consumer Complaint No.157/2006, dated 4.8.2009, whereby the complaint of the respondent was allowed and the appellant was directed to indemnify the respondent on non -standard basis by paying 75% of the amount of Rs.2,20,000 and directions were also given to pay interest @ 9 % per annum with effect from the date of filing of the complaint till making of entire payment. Litigation cost was also quantified at Rs.2,500.
(2.) THE facts of the case as emerged from the record are that the respondent who is registered owner of Swaraj Mazda bearing registration No. HP 63 -0661 had insured this with the appellant insurance company for a sum of Rs.4,40,000 with effect from 16.6.2005 to 15.6.2006. This vehicle met vehicle with an accident on 1.4.2006 during subsistence of Insurance policy has suffered extensive damage to the vehicle. Thereafter the matter was reported to the respondent whereupon the Surveyor was appointed by the insurance company, who had inspected the spot and it was revealed that the driver at the time of accident was not having any valid and effective driving licence and as such the claim of the appellant was repudiated vide communication dated 10.5.2006.
(3.) IN this background, the complaint under Section 12 of Consumer Protection Act, 1986 was filed for deficiency of service on the part of appellant, wherein the aforesaid claim was made before the Forum below. The appellant in the present case had resisted and contested the complaint and it was averred that since at the time of accident, driver of the insured vehicle was not having any valid and effective driving licence to drive the transport vehicle since the licence which was possessed by him was only valid for LMV (non -transport) which vehicle is categorized as truck falling in the category of medium goods vehicle or medium commercial vehicle and as such as per the appellant, the claim of the respondent rightly repudiated and there is not deficiency/unfair trade practice on its part.;