The validity of the driving license and fitness certificate is crucial for an insurance claim, and the insurer is not liable if there is a violation of the policy terms in this regard.

ORDER

Mrs. Justice Indrakala B.S., President - The above appeal is preferred against the order dated 31.1.2012 passed in Consumer Complaint No. 09/2012 on the file of District Consumer Disputes Redressal Forum, Gulbarga.

2. For the sake of convenience the parties herein are referred to by their respective rank as arrayed before the District Forum.

3. The case of the complainant is that, he is owner-cum-driver of the Ape Piaggio, three wheeler Tum Tum vehicle bearing registration No. KA-32/A-3295 which was insured with the OP by paying premium of Rs. 3,874 for comprehensive package policy bearing No. 472900/31/2011/01509 which was valid from 12.11.2011 to midnight of 11.11.2012. It is further alleged that on 8.12.2011 at about 3.30 p.m. the vehicle met with an accident due to the sudden burst of the engine there was fire in the engine, tyres and some other parts of the said vehicle were burned at Gulbarga Sedam Road, near Laxminarayan Temple and the said accident was registered in the police station and police registered the case in F.A.No.10/2011. He also intimated the same to the opposite party Insurance Company who in-turn deputed the Surveyor who inspected the vehicle and submitted his report to the opposite party stating that, the vehicle was heavily damaged due to the said incident and the same was moved to the garage for repair works. Thereafter the complainant incurred Rs. 55,000 towards repair charges; despite which the opposite party failed to settle the claim of the complainant submitted by him on 19.12.2011.

4. The opposite party has repudiated the claim contending that, the driver of the vehicle was not holding valid and effective driving licence and the fitness certificate of the vehicle was expired on the date of accident and he has violated the terms and conditions of the policy. In the circumstances the complainant lodged the complaint before the District Forum seeking direction to the opposite party to pay claim made by him as stated supra.

5. In the statement of version the opposite party while denying the entire case of the complainant it is specifically contended that, the driver was holding licence to drive only a passenger vehicle and the fitness certificate in respect of the said vehicle expired on 11.11.2011 i.e., before the accident took place and thus in view of the above lapses, the opposite party, repudiated the claim of the complainant.

6. After the evidence lead in by both the parties and after filing written arguments by both the parties the District Forum deemed it fit to allow the complaint as sought by the complainant.

7. Being aggrieved by the said order, the opposite party is in appeal inter alia contending amongst other grounds that, the District Forum failed to consider the expiry of the fitness certificate and also failed to consider the driver- cum-owner of the vehicle was not holding valid driving licence pertaining to the at the time of incident despite filing of the documents in this regard.

8. On service of notice in this proceeding the complainant remained absent. Heard the Counsel for the opposite party/appellant. The Counsel for appellant submits that the registration certificate which was marked at Ex. P-1 clearly discloses that, the fitness certificate issued by the RTO expired on 11.11.2011 and it also disclose the type of the vehicle which was involved in the accident as Three Wheeler Goods vehicle. Further submits that the copy of the policy marked at Ex. P-2 also discloses that, the vehicle was a goods carrying vehicle. The Counsel for opposite party also submits that, on perusal of the copy of the driving licence marked at Ex. P-3 discloses that, the driver is licensed to drive only a 3-wheeler CAB vehicle and as such, the insurer is not liable to pay the claim of the complainant.

9. The further admitted facts are that the complainant is owner-cum-driver of the vehicle which was involved in the said accident; there was coverage of the policy as on the date of accident. Likewise the