K SURYANARAYANA RAJU Vs. BAJAJ ALLIANZ GENERAL INSURANCE CO LTD

JUDGEMENT

(1.) AGGRIEVED by the order in C.C. No. 12/2007 on the file of District Forum, Anantapur, the complainants preferred this appeal. The brief facts as set out in the complaint are that the complainants are the parents of one Mr.K. AshokKumar who took a Package Policy for his new motorcycle with the opposite party by paying a premium amount of Rs. 830 including Rs.50 towards owner -cum -driver for the period between 25.7.2005 and 24.7.2006. The cover note was issued by opposite parties 2 and 3 through opposite party No. 1 on 6.3.2006 at about 6.30 p.m. the said Ashok Kumar was riding on motor cycle and returning from Anantapur to Dharmavaram and dashed against opposite motor cycle, fell down and sustained injuries and died on the same day. The deceased applied for a regular driving licence on 6.3.2006 and the same was issued on 7.3.2006, while on the date of the accident the deceased has a learner's driving licence. The complainants got issued a notice to the opposite party to pay the insured amount but their claim was refused. Opposite parties 1, 2 were set ex parte.

(2.) OPPOSITE party No. 3 filed written version admitting the policy, the period of coverage and contending that under personal accident coverage the deceased should have permanent driving licence. As on the date of accident the deceased only had a learner's driving licence and he was proceeding on the motorcycle without the 'L' Board. As per the terms and conditions of the policy the registered owner -cum -driver should hold an effective driving licence by the time of accident, which the deceased did not have under Rule 3 of Central M.V. Act and therefore their repudiation is justified.

(3.) THE District Forum based on the evidence adduced i.e. Exs. A1 to A13 and pleadings put forwards opined that a learner's licence cannot be equated to a valid driving license and dismissed the complaint,