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2025 Supreme(Online)(SCDRC) 991

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Unknown, J
Smt. Uma Devi Purohit – Appellant
Versus
Nationnal Ins. co. ltd – Respondent
Consumer Complaint



Advocates:
For the Appellants/Petitioners: Unknown
For the Respondents: Unknown

Insurance companies must validate driving licenses to avoid liability under insurance contracts, strengthening consumer protection rights.

Headnote:1. Statute Analysis: The judgment considered provisions of the Consumer Protection Act, 1986, particularly Sections 2(1)(g), 14(1)(d) and 21(b). Underlying Facts: A consumer complaint was filed due to the repudiation of an insurance claim related to a passenger's death. Findings: The court found the insurance company deficient in issuing a policy covering the owner-driver without ensuring license validity, leading to compensation entitlement for the complainants. 2.

Issues: The court framed issues regarding the deficiencies in the insurance coverage and the contractual obligations of the insurance company.

Ratio Decidendi: The court reasoned that acceptance of premium alone does not establish a valid contract without due diligence in assessing the insurance proposal. 3.

Result: Compensation of Rs. 1,00,000 awarded to complainants for deficiency on the part of petitioner.

Consumer Protection Act, 1986 Sections 2 (1)(g), 14(1)(d) and 21(b) Consumer complaint - Accident of insured vehicle - Death of passenger in vehicle Repudiation of claim by insurance company - Complaint filed before Dist. Forum alleging deficiency in service - Complaint dismissed Appeal against same partly allowed Hence, present revision Insurance claim in the present case cannot be allowed under the category of owner- driver or under the clause relating to unnamed persons Therefore, order of State Commission cannot be sustained However, petitioner Insurance Company has been deficient in terms of GR 36 so far as it relates to issuance of the package insurance policy with risk coverage of owner-driver without ensuring the availability of an effective driving license with the insured - This has denied the opportunity to the insured of having some other personal policy ensuring him as the owner - The family members of the insured are thus entitled to get some compensation for this deficiency of the Insurance Company - Compensation for death of an unnamed passenger is Rs. 100,000/- in the policy - No reason for awarding less compensation than this amount for death of the insured - Compensation of Rs. 1,00,000/- awarded to complainants for deficiency on the part of petitioner - Petitioner directed to pay Rs. 1,00,000 to complainants along with interest @7% p.a.

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