The main legal point established in the judgment is that driving a vehicle without a valid route permit at the time of an accident constitutes a fundamental breach of the insurance policy, as per the Motor Vehicles Act 1988, Section 66, and relevant case law.

ORDER

P.S. Rana (R) President - Present appeal is filed under section 15 of Consumer Protection Act 1986 against order dated 07.11.2016 passed by Learned District Forum Shimla in consumer complaint No.240/2014 title Banarsi Dass vs. IFFCO TOKIO General Insurance Company Ltd.

Brief facts of consumer complaint:

2. Banarsi Dass filed consumer complainant under section 12 of Consumer Protection Act 1986 pleaded therein that complainant is owner of Tipper bearing registration No.HP-06A-4203. It is pleaded that vehicle was insured with opposite party w.e.f. 29.01.2013 to 28.01.2014. It is pleaded that vehicle was insured in consideration amount of Rs. 931000/-(Nine lac thirty one thousand). It is pleaded that premium was also paid by complainant. It is pleaded that on 28.12.2013 vehicle met with accident at Naltu rivulet near Theda Tehsil Rampur District Shimla. It is further pleaded that FIR No.197 dated 28.12.2013 under section 279 of IPC and 337 of Motor Vehicles Act was also lodged. It is pleaded that information of accident was also given to opposite party. It is pleaded that opposite party has rejected the claim of complainant and committed deficiency in service. Complainant sought relief of Rs. 345360/-(Three lac forty five thousand three hundred sixty) on account of repair expenses of vehicle alongwith interest @ 9% per annum. In addition complainant also sought relief of compensation to the tune of Rs. 50000/-(Fifty thousand) on account of mental tension and harassment. In addition complainant also sought relief of litigation costs to the tune of Rs. 25000/-(Twenty five thousand). Prayer for acceptance of consumer complaint sought.

3. Per contra version filed on behalf of opposite party pleaded therein that complaint is not maintainable. It is pleaded that complainant did not obtain valid route permit in order to ply the vehicle on public road. It is pleaded that complainant has intimated about the accident after a period of three days. It is further pleaded that complainant has submitted forged bill before learned District Forum. It is pleaded that consumer complaint is bad for non-joinder of necessary party i.e. Financer Cholamandalam Investments Finance Co. Ltd. It is further pleaded that complainant has committed fundamental breach of insurance policy. It is pleaded that driver did not possess valid and effective driving licence at the time of accident. It is further pleaded that opposite party did not commit deficiency in service. Prayer for dismissal of consumer complaint sought.

4. Learned District Forum dismissed the consumer complaint. Feeling aggrieved against order passed by Learned District Forum complainant filed present appeal before State Commission.

5. We have heard learned advocates appearing on behalf of parties and we have also perused entire record carefully.

6. Following points arise for determination in present appeal.

1. Whether appeal filed by appellant is liable to be accepted as mentioned in memorandum of grounds of appeal?

2. Final order.

Findings upon point No.1 with reasons:

7. Complainant filed affidavit in evidence. There is recital in affidavit that complainant purchased vehicle Tipper bearing registration No.HP-06A-4203. There is recital in affidavit that vehicle was insured with opposite party w.e.f. 29.01.2013 to 28.01.2014. There is further recital in affidavit that vehicle was insured in consideration amount of Rs. 931000/-(Nine lac thirty one thousand) and premium to the tune of Rs. 27747.57/-(Twenty seven thousand seven hundred forty seven rupee & fifty seven paise) was paid to opposite party. There is recital in affidavit that vehicle met with accident on 28.12.2013 at Naltu rivulet near Theda on Teklech-Bahli Raod Tehsil Rampur District Shimla. There is recital in affidavit that FIR No.197/2013 was also lodged in police station Rampur District Shimla-H.P under Section 279 & 337 of IPC. There is recital in affidavit that opposite party repudiated the claim. There is recital in affidav