(Per: Justice Irshad Hussain, President)

This is insurer’s appeal against the order dated 09.06.2006 passed by the District Froum, Chamoli in consumer complaint No. 37 of 2005.

2. Complainant’s insured light motor vehicle (transport), registration No. UA07C/9508 met with an accident on 04.01.2004 near Shaknidhar, while it was on its way to Joshimath from Rishikesh for transporting goods. Vehicle was badly damaged. Claim preferred with the insurer was repudiated on the ground that the driver Sh. Vijay Pal was not authorized to drive the vehicle in hills and, as such, there was violation of the terms and conditions of the policy of insurance and the provisions of the Motor Vehicles Act, 1988 read with The Uttar Pradesh Motor Vehicles Rules, 1998.

3. The District Forum considered the import of Rule 193 of The Uttar Pradesh Motor Vehicles Rules, 1998, which provides specific endorsement for driving public service vehicle in hill road and finding that there being no such endorsement in the licence of the driver, went on to partly allow the consumer complaint for grant of compensation to the tune of Rs. 2,61,600/- with interest @ 6% p.a. on non-standard basis by making deduction of