BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD Vs. PRINTS & SALES

JUDGEMENT

(1.) THE facts of the case are that the complainant obtained comprehensive insurance policy from OP -2 Insurance Co. for his maruti car for an insured value of Rs.3,88,062/ - w.e.f. 28th july, 2006 to 19th july, 2007. The vehicle met with an accident and the complainant spent Rs.57,756/ - for its repair. He filed before the OP Insurance Co. his claim vide Claim Form (Annexure -A) for the re -imbursement of the amount of Rs.57,756/ -, which the OP Co. repudiated vide letter (copy Annexure A -5) dated 25.7.2007, on the ground that on verification of the Driving License of the Driver Shri 'Gajraj Singh , it was established that the driving license was fake while the policy schedule under the driver clause provided that the person who is driving the vehicle at the time of accident should hold an effective driving license.

(2.) THE complainant, therefore, filed a claim before the District Forum with a prayer that the OP be directed to pay him Rs.57,756/ - spent on repair of the car, and Rs.50,000/ - towards compensation and Rs.2200/ - towards the legal charges, and the costs of the complaint.

(3.) THE OP opposed the claim and filed the written statement. The OP alleged that he had appointed a Surveyor to investigate and report about the accident who on verification of the driving license No.70231/BSR/2003 of Rajpal Singh from the office of R.T.O. Bulandshahar vide office report dated 16.7.2007 (Annexure A -4) found that it was fake and was not issued in name of Raj Pal singh but license No. 70231/BSR/2003 was issued in the name of one Nasruddin. According to the Complainant, as showed ny him in his Claim Form, it was driver Raj Pal Singh who was driving the vehicle at the time of accident. 'DRIVER clause of the Policy Schedule (Annexure A -1) provides that a person driving at the time of accident holds an effective Driving License which Raj Pal Singh was not holding under the policy to indemnify the claim amount and the O.P. was well within it s right to repudiate the claim of the Complainant.