Mr. Justice D.R. Vithal Rao, President — This is a complaint under Section 17 read with Section 12 of the Consumer Protection Act, 1986

2. The complainant is the owner of a heavy goods vehicle bearing Registration No. CAA-2006. The said vehicle was insured with Opposite Party-the New India Assurance Company Ltd. for the period from 26.12.91 to 25.12.92. The amount assured was Rs.1,20,000/-. At about 6.30 a.m. on 13.7.92 the said vehicle met with an accident and a claim was preferred by the complainant with the Opposite Party. The Opposite Party repudiated the claim on the ground that the driver of the vehicle who drove the vehicle at the time of the accident was not having a valid licence to drive the heavy goods vehicle. The complainant claimed a sum of Rs.1,09,200/- from the Opposite Party towards compensation.

3. The Opposite Party filed its counter and pointed out that the vehicle of the complainant was a heavy goods vehicle and the driver who drove the vehicle at the time of the accident was not having a proper licence to drive the heavy goods vehicle. The specific averments of the Opposite Party in this regard at paras 3 and 4 of its version read as under:

"3. It is true th