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SRIKANT PANDEY, MONIKA MALIK
Ankit Sharma – Appellant
Versus
Branch Manager, SBI General Insurance Co. Ltd. – Respondent
ORDER
The following order of the Commission was delivered by Dr. Monika Malik, Member:
The aforesaid appeals by the complainant/appellant are directed against the orders dated 31.07.2023 passed by the District Consumer Disputes Redressal Commission, Gwalior (for short ‘District Commission’) in C.C.No.38/2023 and 39/2023, whereby the District Commission has dismissed the complaints filed by him.
2. Since facts of both appeals are similar in nature and parties are also same, therefore the aforesaid appeals are taken up together and are being disposed of by this common order. Facts of the case are taken from First Appeal No.1227/2023 unless otherwise stated.
3. Briefly put, facts of the case are that the complainant’s Fortuner car bearing registration number MP-07 CD-8191 was insured with the opposite parties/respondents-insurance company for the period w.e.f. 18.08.2021 to 17.08.2022 for Insured Declared Value (IDV) of Rs.13,91,119/- It is alleged that on 29.01.2022 in Gwalior, a truck bearing registration number UP-63 T-2215 dashed against the subject car in which the complainant’s father Late Om Prakash Sharma (hereinafter referred to as ‘deceased’) died. In the said accident the s
If application of renewal of motor vehicle licence is made within 30 days of date of its expiry, licence continues to be effective & valid without a break as renewal dates back to date of its expiry.
The court established that procedural fairness is essential in adjudicating claims under the Motor Vehicles Act, particularly regarding the validity of driving licenses and the opportunity for partie....
Contract of Insurance - A contract of Insurance between the concerned parties is on the principle of “Uberrima fides” i.e. absolute good faith on part of both the contracting sides.
The insurance company is exonerated from liability for compensation as the driver lacked a valid driving license, establishing a breach of policy conditions.
Burden of Proof – The court cannot lay down any criteria as to how said burden would be discharged, inasmuch as the same would depend upon the facts and circumstance of each case.
A driving licence remains valid for thirty days post-expiration under Section 14 of the Motor Vehicles Act, preventing insurers from denying liability during this grace period.
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