SEVTI DEVI Vs. SWARAJ MAZDA LIMITED
LAWS(HPCDRC)-2010-7-2
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on July 01,2010

Sevti Devi Appellant
VERSUS
SWARAJ MAZDA LIMITED Respondents

JUDGEMENT

- (1.) APPELLANTS have filed this appeal against the order of District Forum, Shimla in Consumer Complaint No. 475/2004, dated 13.1.2009, whereby the said complaint has been dismissed. Appellants are parents of driver Shri Ashok Kumar, who died in the accident on 14.6.2002, when the vehicle bearing registration No. HP -09A -0399, owned by Shri Piare Lal, respondent No.4, met with accident near Nagal, in Haryana, under Police Chowki Nagal, Police Station Bakhara, District Ambala, Haryana.
(2.) AT the time of hearing, it was not disputed on behalf of respondent No. 3 that on the date of accident, said respondenthad entered into an agreement with Swaraj Mazda Limited, manufacturer pf Swaraj Mazda vehicle, that during the relevant period risk upto the extent of Rs. 5,00,000 in case of accidental death of driver stands covered and it had undertaken to indemnify in case of mishap in respect of the vehicles sold by the manufacturers through its dealers.
(3.) AFTER the admitted death of their son, when the appellants were not indemnified by respondent Nos. 1 to 3, alleging deficiency in service, complaint was preferred by the appellants. It was dismissed. Hence this appeal. While contesting the complaint, stand of respondent Nos. 1 to 3 was, that there was breach of terms and conditions of insurance policy, subject to which the vehicle was insured by respondent No. 3. Driving licence of the deceased driver was invalid. Further according to them, Shri Ashok Kumar driver was not authorized to drive the medium commercial vehicle (MCV) which is subject matter of this appeal. In the face of his driving licence, and there being no endorsement on his driving licence whereby he was authorized to drive the type of vehicle which met with accident in this case, respondent No. 3 justified in repudiation of claim. After hearing the parties, the impugned order has been passed.;


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