STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND DEHRADUN Date of Admission: 30.05.2025 Date of Final Hearing: 30.05.2025 Date of Pronouncement: 10.06.2025 SC/5/A/6/2024 Shriram General Insurance Company Limited through its Authorised Signatory Sh. Pankaj Chandok, Branch Manager, Branch Office Block-F, 25/30, 2^nd Floor, Meedo Plaza Rajpur Road, Dehradun (Through: Sh. Deepak Ahluwalia, Advocate)

…… Appellant Versus Sh. Harvinder Singh S/o Sh. Jarnail Singh R/o 130/2, Tilak Marg, Rishikesh District Dehradun (Through: Sh. J.S. Aswal, Advocate)

…… Respondent Coram:

Ms. Kumkum Rani, President Mr. B.S. Manral, Member

ORDER

(Per: Ms. Kumkum Rani, President):

This appeal under Section 41 of the Consumer Protection Act, 2019 has been directed against the impugned judgment and order dated 22.10.2022 passed by learned District Consumer Disputes Redressal Commission, Dehradun (hereinafter to be referred as “The District Commission”) in consumer complaint No. 188 of 2017, styled as Sh. Harvinder Singh Vs. Shriram General Insurance Company Limited, wherein and whereby the consumer complaint was allowed and the appellant / opposite party (insurance company) was directed to pay an amount of Rs. 6,00,000/- to the respondent / complainant towards claim amount; Rs. 20,000/- towards mental agony and Rs. 5,000/- towards litigation expenses, within a period of 30 days’, failing which the respondent / complainant was further held entitled to interest @9% p.a. on the aforesaid amount from the date of filing of the consumer complaint till payment. It was also ordered that the insurance company shall have right over the salvage of the vehicle.

2. The facts giving rise to the present appeal, in brief, are, as such that the respondent / complainant is the registered owner of vehicle bearing registration No. UA07-M-2074, which was insured with the appellant / opposite party (insurance company) vide policy No. 107013/31/17/002664 for the period from 13.05.2016 to 12.05.2017. During the currency of the insurance policy, on dated 08.04.2017, the insured vehicle was going from Narendra Nagar to Nai (Pavki Devi), being driven by its driver – Sh. Jagdish Chauhan. When the vehicle reached near Pavki Devi road, retaining wall of the road collapsed, with the result that the insured vehicle fell in a deep gorge. In the said accident, the driver of the insured vehicle lost his life. The intimation of the accident was given to P.S. Muni-Ki-Reti as well as the insurance company. It was impossible to retrieve the vehicle from the accident spot and the vehicle got completely damaged. The claim lodged by the complainant was repudiated by the insurance company through letter dated 29.05.2017 on the ground that the driver – Sh. Jagdish Chauhan was not holding a valid and effective driving license at the time of accident, whereas the driving license of the driver was valid and effective on the date of the accident. Thus, there has been deficiency in service on the part of the insurance company and consumer complaint was filed before the District Commission.

3. The appellant opposite party filed written statement before the District Commission and pleaded that the driver – Sh. Jagdish Chauhan was not possessing a valid and effective driving license, as the validity of his driving license had expired on 25.03.2017 and thereafter the same was not got renewed. The complainant was called upon to submit requisite documents within 7 days’, but the complainant did not submit the desired documents, hence his claim was repudiated vide letter dated 29.05.2017. On receipt of intimation regarding accident, surveyor was appointed and the complainant has given consent for full and final settlement of the claim for sum of Rs. 38,070/-. No cause of action has arisen in favour of the complainant for filing the consumer complaint and the same is liable to be dismissed.

4. Learned District Commission, after hearing learned counsel for respondent / complainant and after taking into considerati