CHANDIGARH: The district consumer disputes redressel forum directed New India Assurance Company in Chandigarh to pay Rs 15,000 compensation for rejecting genuine claim of a
Ferozepur resident
. They were also directed to pay the claim.
Complainant Sukhchain Singh in his complaint stated that his vehicle insured with the insurance company for the period from September 17, 2017 to September 16, 2018 met with an accident on July 22, 2018 and an FIR was registered on the same day under sections 279, 337, 304-A of the IPC Act in this regardwiththeconcerned police station. Since the vehicle was totally damaged, he filed theclaim withthecompany but the same was rejected on October 29, 2018 on the ground that the driver Sukhchain Singh was not having a valid driving licence to drive the light goods vehicle at the time of accident. According to the complainant, the claim was wrongly and illegally rejected.
In its written statement by way of affidavit, the insurance company while admitting the factual matrix of the case pleaded that the surveyor assessed the loss on net off salvage value at the tune of Rs 2.39,500 (with RC). It was further pleaded that light vehicle does not mean light goods vehicle. It was stated that the complainant has taken the plea that the apex court has decided that a person having a driving license to drive LMV is entitled to drive transport vehicle. However, the same is not correct as under para 47 of the judgement, it was clearly mentioned that in the light of observation made by the apex court, the matter be placed before the appropriate bench for deciding the issue on merit. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made. After hearing all sides forum took note of a Supreme Court’s judgement which held that if a driver holding a valid license to drive light motor vehicle, then there is no requirement to obtain separate endorsement to drive transport vehicle of such class i.e. the driver can drive vehicle of such class without any endorsement to that effect. The forum thus stated that “therefore, the ratio of the law settled in the aforesaid cases is applicable to the facts and circumstances to the present case. Under these circumstances, the repudiation of the claim by the insurance company is held to be unjustified.”
Since, the surveyor of the company has assessed the liability of the insurance company on net of salvage loss basis to the tune of Rs 2, 39,500 (with RC) and, therefore, the complainant is held entitled to it, forum held.
They were then directed to pay up.
Vehicle was damaged in accidentComplainant Sukhchain Singh stated that his vehicle met with an accident on July 22, 2018 and an FIR was registered on the same day with the concerned police station. Since the vehicle was totally damaged, he filed the claim with the insurance company but the same was rejected on October 29, 2018 on the ground that Sukhchain was not having a valid driving licence to drive the light goods vehicle at the time of accident.
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