Appeal No.2782/2016

Date of filing: 17.10.2016

Date of disposal: 17.06.2022

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES

REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED: 17.06.2022

PRESENT

Mr.K.B SANGANNANAVAR

:

JUDICIAL MEMBER

Mrs. DIVYASHREE M

:

LADY MEMBER

APPEAL NO.2782/2016

The Manager,

National Insurance Co. Ltd.,

Branch Office,

1^st Floor, Jagalur Mahalingappa Towers,

B.D Road, Chitrdurga – 577501.

Represented by

The Assistant Manager,

National Insurance Co. Ltd.,

Divisional Office, P.B No.74,

Shivanaradamuni Plaza, M.C.C.B Block,

Davanagere – 577004.

(Advocate – Smt.Manjula N. Tejaswi)

…..Appellant/s

V/s

Smt.Bhagyamma,

W/o Late Veeresh N,

Dhaba Hotel Owner, S.M Nagara,

Challakere.

(Advocate – Vijaya M.N)

…..Respondent/s

Appeal No.2782/2016

ORDER

Mr.K.B SANGANNANAVAR, JUDICIAL MEMBER

This is an appeal filed U/s.15 of C.P Act, 1986 by the OP

aggrieved by order dated 1^st August 2016 passed in CC No.18/2016

on the file of District Consumer Disputes Redressal Commission,

Chitradurga.

2. The facts in brief as stated by the complainant before the

District Commission that her husband late Veeresh N was the

owner of the motor cycle bearing registration No.KA-16-W-8749

insured the said vehicle with OP for the period from 08.06.2012 to

07.06.2013. He paid Rs.50/- as additional premium to cover the

risk on owner cum driver and the risk covers to the tune of

Rs.1,00,000/- which came to be repudiated by OP and she raised

Consumer complaint U/s.12 of C.P Act 1986 was contested by OP

contending that motor bike insured in the name of late Veeresh N

was riding by one Mr.Gunda and justified repudiation of insurance

claim under P.A was enquired into by District Commission thereby

directed to pay Rs.1,00,000/- to the wife of the insured along with

interest @ 6% p.a from the date of complaint till realization and

awarded Rs.5,000/- towards mental agony and similar such

amount towards costs of the proceedings is now in this appeal on

the ground that compulsory P.A to owner cum driver could not be

extent to his claim put forth by the complainant Smt.Bhagyamma

wife of late Veeresh N was not properly appreciated by District

Commission. The accident was occurred on 07.03.2013 whereas

intimated on 03.10.2013 after lapse of 7 months is nothing but

Appeal No.2782/2016

clear violation of terms and conditions of policy was not at all

perceive by the District Commission and the findings recorded by

District Commission is contrary to law and facts is liable to be set

aside.

3. We heard learned counsels on record for OP and we

examined the impugned order along with grounds of appeal. Now

we have to examine, whether impugned order call for any

interference for the grounds of Appeal.

4. Ex-A3 is certificate of insurance cum policy schedule.

Admittedly issued in the name of Mr.N.T Veeresh S/o Madigara

Thippeswamy in respect of vehicle two wheeler bearing Engine

No.66631, chassis No.59596 is admittedly registered in No.KA-16-

W-8749 commencing for the period from 08.06.2012 to 07.06.2013

and its IDV is Rs.39,682/- under B Liability he had paid additional

premium towards Compulsory PA to Owner Cum Driver amount

Rs.1,00,000/-. We could also seen limits of liability clause under

this policy.

Limits of Liability Clause: Under section II 1 (i) of the

policy-Death or bodily injury. Such amount as is necessary

to meet the requirements of the motor vehicle act 1988. under

section II 1 (ii) of the policy-Damage to third party property is

Rs.100000 PA Cover under section 3 for owner-driver is

Rs.1.0 lakhs.

Further drivers clause is also provided which reads as under:

Drivers Clause: Any person including insured provided

that a person driving holds an effective driving licence at the

Appeal No.2782/2016

time of the accident and is not disqualified from holding or

obtaining such a licence. Provided also that the person

holding an effective Learner’s Licence may

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