JUSTICE V.K.JAIN, PRESIDING MEMBER (ORAL)
Late Shri Lavkesh Kumar Singh, father of the complainant/petitioner purchased a tanker and the said purchase was financed by the respondent Magma Fincorp Ltd. The vehicle was insured with respondent no.1 Oriental Insurance Company Ltd. for the period from 27.06.2010 to 26.06.2011. After death of Sh. Lavkesh Kumar Singh, the vehicle was transferred in the name of his wife. The mother of the complainant also died on 06.01.2014. On 01.01.2011, the aforesaid tanker met with an accident causing death of the insured who was driving the vehicle. Since the vehicle was insured with respondent no.1, a claim was lodged with the insurer through the financer of the vehicle. The claim was rejected vide letter dated 31.03.2014 on the ground that the driver of the vehicle was found to be holding an invalid Driving License at the time the vehicle met with an accident. Being aggrieved from the rejection of the claim, the complainant approached the concerned District Forum by way of a consumer complaint. The complaint was resisted by the insurer primarily on the ground that the Driving License possessed by the driver Lavkesh Kumar Singh was not valid since he was not authorized to drive a vehicle carrying hazardous and dangerous goods which the tanker was
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carrying at the time of the accident.
2. The District Forum having allowed the complaint, the insurer approached the concerned State Commission by way of an appeal. Vide impugned order dated 02.11.2015, the State Commission allowed the appeal and consequently dismissed the complaint. Being aggrieved from the dismissal of the complaint, the complainant/petitioner is before this Commission.
3. A perusal of the certificate issued by the RTO, Ambikapur would show that late Sh. Lavkesh Kumar Singh was holding Driving License No. F/0211/ABR/2000 valid till 11.09.2010. The learned counsel for the petitioner/complainant fairly admits that the aforesaid Driving License was not renewed after 11.09.2010. It is therefore, obvious that the vehicle was being driven by a person who did not possess a valid Driving License at the time the vehicle with an accident. The insured therefore, committed a breach of a mandatory term of the insurance policy by driving the vehicle without possessing a valid Driving License. The insurer, therefore, was justified in repudiating the claim on account of the aforesaid breach of a mandatory term of the insurance policy. The order passed by the State Commission therefore, does not call for any interference by this Commission in exercise of its revisional jurisdiction. The revision petition is therefore, dismissed.
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V.K. JAIN
PRESIDING MEMBER
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