UNITED INDIA INSURANCE COMPANY LTD Vs. SUMANTA BERA
LAWS(NCD)-2020-11-34
NCDRC
Decided on November 26,2020

UNITED INDIA INSURANCE COMPANY LTD Appellant
VERSUS
Sumanta Bera Respondents

JUDGEMENT

Prem Narain,J. - (1.) This revision petition has been filed by the petitioner Insurance Company challenging the order dated 18.11.2019 passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata ('the State Commission') in First Appeal no. A/499 of 2016.
(2.) The brief facts of the case are that the vehicle of the respondent met with an accident during the currency of the insurance policy issued by the petitioner insurance company. The accident occurred on 24.08.2015. The insurance claim was rejected by the insurance company on the ground that the driver of the vehicle did not possess a valid and effective driving licence on the day of the accident.
(3.) Aggrieved by the repudiation, the complainant filed a consumer complaint no. CC/06/2016 before the District Consumer Disputes Redressal Forum, Paschim Medinipur ('the District Forum'). The complaint was resisted by the insurance company by filing the written statement stating that the driving licence of the driver was valid only upto 26.04.2015 and the driver did not get it renewed, thus, there was no valid driving licence with the driver on the day of the accident, i.e., 24.08.2015. Later on the driver got the licence renewed on 01.09.2015 and it was valid upto 21.11.2026 for non-transport vehicle and till 01.09.2018 for transport vehicle. Thus, the insurance company had rightly repudiated the claim. However, the District Forum vide its order dated 06.05.2016 has allowed the complaint and observed as under : "Hence, it is ordered that the complaint case no. 06 of 2016 is allowed on contest with cost against the opposite party insurance company. Opposite party insurance company is directed to pay Rs.1,60,000/- as repairing cost of the vehicle to the complainant along with interest @9% per annum from the date of filing of this complaint within a month from this date of order. Opposite party to also pay Rs.5,000/- as litigation cost to the complainant within a month from this date of order.";


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