M. THANIKACHALAM J. - (1.) The opposite parties are the appellants.
(2.) The complainant, who is the owner of Maxi Cab, bearing Regn.No.TN 50-0793, insured the same with the opposite parties, which met with an accident on 28.6.00, in which there was heavy damages to the vehicle. Pursuant to the policy, claim was lodged, not conceded by the opposite party, whereas repudiated on false grounds, thereby committing deficiency. Hence the complainant is constrained to file a case for the recovery of a sum of Rs.46,800/-, incurred by him towards the repair charges, for a sum of Rs.6500/- towards towing charges, and a sum of Rs.35000/- for mental agony, a further sum of Rs.25000/- for the expenses incurred in the travels, and for a sum of Rs.2500/- towards cost.
(3.) The opposite parties, admitting the policy taken by the complainant, as well as the accident also, denied their liability on the grounds, with among other grounds, that the driver of the vehicle, who drew the vehicle at the time of the accident, did not have a valid and effective driving license, thereby they have violated the conditions of the policy, on which basis, repudiation had taken place, which cannot be termed as deficiency, thereby praying for the dismissal of the complaint.;