- (1.) THIS is an appeal of complainant whose complaint was dismissed by District Consumer Disputes Redressal Forum, Rajnandgaon (hereinafter called "District Forum" for short) vide order dated 26.3.2008, in complaint case No. 120 of 2007 on the ground that the driver of the vehicle was not having valid and effective driving licence and thereby there was fundamental breach of policy conditions and so the Insurance Company has not committed any deficiency in service, in repudiating the claim.
(2.) THE facts of the case are that the appellant is owner of a minidoor which suffered an accident on 1.7.2007. The vehicle was insured by the respondent for a period from 7.2.2007 to 6.2.2008. Intimation of accident was given to the Insurance Company and claim was preferred. Insurance Company appointed a Surveyor and ultimately repudiated the claim. The complainant spent Rs. 25,437 in repairing of the vehicle. It has been asserted by the complainant in the complaint that the Insurance Company has committed deficiency in service in not paying the claim amount. It has also been asserted that the accident happened on account of bursting of tyre and the driver played no role in the accident, therefore, if the licence was defective even the claim was payable.
(3.) THE respondent in reply, denied the claim of the complainant on the ground that as per terms of the policy the vehicle was to be driven by a person having effective and valid driving licence. At the relevant time Kesho Ram was driving the vehicle who was having licence for driving Motor Cycle with Gear and Light Motor Vehicle and not of Transport Vehicle or a Passenger Vehicle. Thus the licence was not valid. It has also been asserted that the complainant was having no permit to ply a passenger vehicle at the relevant time. Learned District Forum by the impugned order has accepted the defence of the Insurance Company and dismissed the complaint.;