- (1.) THIS appeal under Section 15 of the Consumer Protection Act, 1986 arises against the order dated 30.12.2004, passed in Complaint No. 141/2004 by the District Consumer Disputes Redressal Forum, Raipur (hereinafter referred to as the District Forum for short) whereby the learned District Forum had directed the opposite party to pay the amount assessed by the Surveyor as Rs. 19,185/ - after deducting a sum of Rs. 500/ - being the salvage value to the complainant.
(2.) THE facts not presently in dispute are: that the complainant/respondent had obtained an insurance policy for his auto rickshaw bearing No. CG -04 -G/2593 for a period from 27.12.2000 to 26.12.2003 and during subsistence of insurance the said rickshaw met with an accident.
(3.) BRIEF facts necessary for disposal of this appeal as per averments made in the complaint are that the complainant auto rickshaw was carrying empty gas cylinders there was an accident near Baghbahara. The complainant gave intimation to the insurer who appointed a Surveyor who assessed the damage. The complainant had to spend Rs. 40,000/ - towards repairs of his auto rickshaw. The complainant preferred a claim before the insurer and repeatedly requested for grant of claim but the insurer failed to do so and finally on 23.4.2004 the insurer repudiated the claim on flimsy ground that at the time of accident the driver did not have valid driving licence. Consequently, the complainant had filed complaint before the District Forum. The opposite party resisted the claim mainly on the ground that the driver Vijay Kumar was having driving licence for LMV only whereas for driving auto rickshaw carrying goods LMV (Transport) driving licence is required. As there was breach of policy condition the insurer had rightly repudiated the claim. The opposite party denied the allegation of deficiency in service and averred that the complaint was liable to be dismissed.;