M. THANIKACHALAM J. - (1.) The opposite party on the file of the District Forum, Erode, is the appellant herein.
(2.) The respondent as complainant, approached the District Forum, Erode, claiming a sum of Rs.30,524/- with interest thereon, as if the opposite party/ appellant not only committed deficiency in service, but also neglected to pay the same, pursuant to the insurance policy No.650503/31/03/610571, contending that his vehicle bearing Reg.No.TN-36-E-5949, was insured with the opposite party for the period from 13.12.2003 and 12.12.2004, that the vehicle met with an accident, causing damage to the vehicle, which was repaired by spending a sum of Rs.30,524/-, that when the said amount was claimed under the policy, the same was repudiated, as if on the date of accident, the driver was not having valid license and in this view, the insurance company is not liable to pay the amount and the repudiation as well as non-payment of the amount, amounts to deficiency in service, and in this view, they should be directed to pay the claim.
(3.) The appellant / opposite party opposed the claim by filing written version stating that the petition is bad for non-joinder of necessary parties, that the complainant has violated the terms and conditions of the policy by entrusting the vehicle to a driver who has no valid and effective driving license on the date of the alleged accident, that there was no deficiency in service as far as the insurance company is concerned and that the insurance company is not answerable to the claim made by the respondent / complainant.;