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HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PANCHKULA
A.S. Narang, Judicial Member and Suresh Chander Kaushik, Member
(The matter has been heard through virtual hearing)
Kuldeep Singh – Appellant
versus
United India Insurance Company Ltd. – Respondent
First Appeal No.1114 of 2019
(Arisen out of Order Dated 19/09/2019 in Case No. 95/2018 of District Kurukshetra)
Decided on 10.2.2022

Advocates:
Counsel for the Parties:
For the Appellant:Mr. Raghav Sharma, Advocate

Headnote:

Consumer Protection Act, 1986 – S.15 [Consumer Protection Act, 2019 – S.41] – Services – Insurance – Truck Accident – Repudiation of Claim – Appeal against order of District Commission whereby Complaint was dismissed – Whether repudiation of claim was justified – In the present case, on the date of accident, the complainant was not holding effective and valid driving license – District Consumer Forum has appraised the evidence on the record properly and rightly dismissed the complaint of the complainant – Appeal dismissed. [Para 14].

Held: In order to support his claim, the complainant has made a crude attempt and managed to produce a fabricated license. The DL number on the copy of license (Ex.C-7) also does not tally with the DL number on the copy of license (Ex.C-8). It is also strange that on the copy of license (Ex.C-8), date of issue is mentioned as 08.09.2015, yet in the authorization mentioned below it is mentioned that he was entitled to drive motorcycle without gear from 21.09.2010, light motor vehicle from 21.09.2010 and transport vehicle from 04.09.2012.

Result: Appeal dismissed.

ORDER

A.S. Narang, Judicial Member.—Delay of 47 days in filing of the present appeal is hereby condoned for the reasons stated in the application for condonation of delay.

2. Mr. Kuldeep Singh (Appellant) has filed this appeal against the order dated 19.09.2019, whereby the District Consumer Disputes Redressal Forum, Kurukshetra (in short “The District Consumer Forum”) has dismissed his complaint under Section 12 of the Consumer Protection Act, 1986 against the United India Insurance Company Ltd (Respondent).

3. Admittedly, the complainant is the owner of Truck bearing registration No.HR65-4634, which he had got insured from the respondent vide policy No.1107023114P100565647 for a sum of Rs.6,50,000/- for the period 23.04.2014 to 23.04.2015. Unfortunately, on 15.09.2014, the truck met with an accident at Charbra near Hasan Valley, Himachal Pradesh. FIR No.132 of 2014 was registered with the Police Station concerned regarding this accident. Complainant was driving this truck and he also suffered injuries in the accident and the truck was also damaged. As per the complainant, the damaged vehicle was inspected by the surveyor of the respondent and later on he got it repaired from Ganpati Workshop, Karnal. He also purchased spare parts from Mayur Auto Traders, Panipat. He spent Rs.5,16,491/- on the repair of this truck. He lodged a claim for this with the respondent. However, on 20.07.2015, respondent repudiated his claim on the ground that he was not having a valid driving license on the date of accident. Complainant alleged that he was holding a valid driving license, which had been issued on 21.09.2010 and was valid on the date of accident. The respondent was not justified in repudiating his claim. On these facts, complainant filed the complaint before the District Consumer Forum, Kurukshetra.

4. In the written reply, respondent denied the case of the complainant. Respondent alleged that it had got the driving license of the complainant verified from the District Transport Officer, Nagaland and the same was found fake. The issuing authority had reported that the license produced by the complainant was a fake one and accordingly it repudiated the claim of complainant. Respondent also rejected the claim of complainant on the ground of maintainability, limitation; jurisdiction; mis-joinder and non-joinder of necessary parties and locus standi etc.

5. Complainant tendered in evidence his affidavit (Ex.CW1/A) and documents Letter dated 20-07.2015 from respondent (Annexure C-1), Cash/Bill Memo of Mayur Auto Traders (Annexure C-2), Labour Job of Ganpati Motor Workshop (Annexure C-3), Invoice of Bablu Recovery Service (Annexure C-4), Cash Memo of Beas Reparing & Welding Works (Annexure C-5), Verification Letter dated 26.05.2016 of DTO, Phek, Nagaland (Annexure C-6), Driving License of appellant issued on 21.09.2010 (Annexure C-7), Driving License of appellant issued on 08.09.2015 (Annexure C-8), Schedule of insurance premium (Annexure C-9), Registration Certificate of truck (Annexure C-10), Hospital Summary (Annexure C-11), Hospital Summary (Annexure C-12), Letter dated 22.06.2016 (Annexure C-13), Adhaar Card of appellant (Annexure C-14), OPD Record (Annexure C-15), Hospital card (Annexure C-16).

6. On the other hand, respondent tendered in evidence affidavit of Mr. H.C. Munjal, Sr. Divisional Manager, United India Insurance Co. Ltd. (Ex.RW1/A) and documents Insurance Policy from 23.04.2014 to 22.04.2015 (Ex.R-1), Motor Claim Form (Ex.R-2), Photocopy of Driving License of appellant (Ex.R-3), Verification Letter dated 05.05.2015 from DTO, Phek, Nagaland (Ex.R-4), Report dated 30.05.2015 of Investigator and Loss Assessor (Ex.R-5), Repudiation letter dated 03.08.2015 (Ex.R-6), Report of Engineer, Surveyor & Loss Assessor (Ex.R-7).

7. After hearing the parties and perusing the evidence on the record, vide impugned order dated 19.09.2019, the District Consumer Forum dismissed the complaint and held that the complainant was not holding a val

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