NATIONAL INSURANCE COMPANY LIMITED vs DEVINDER K. GUPTA

THIS is an appeal filed against order dated 5.9.2003 passed by District Consumer Disputes Redressal Forum-II (for short hereinafter referred to as the District Forum) in Complaint Case No. 48 of 2002, Devinder Kumar Gupta v. National Insurance Company Ltd.

MARUTI Omni Van bearing No. CH-03-6675 belonged to the respondent/complainant Shri Devinder Kumar Gupta and the same was duly insured with the appellant - National Insurance Company Limited (for short hereinafter referred to as the Insurance Company) vide policy No. 1575630 under which the period of risk was from 29.8.2000 to 28.8.2001. The said MARUTI Omni Van met with an accident on 7.4.2001 near Ajitwal, District Moga in the State of Punjab and was damaged to the considerable extent. A claim was filed by the respondent/complainant with the appellant/O.P. Insurance Company under the terms and conditions of the policy of insurance but the same was repudiated on the ground that the driver of the vehicle namely Parmod Kumar was holding a driving licence for driving scooter/motor cycle/car/jeep only and the same did not authorize him to drive MARUTI Omni Van and, as such, the driver did not possess a valid driving licence for driving the aforesaid MARUTI Omni Van at the time of the accident and hence, the appellant/Insurance Company was not liable to entertain and settle the claim of the respondent/complainant. Feeling aggrieved with the impugned order, this appeal has been filed. Notice of appeal was served on the respondent/complainant who put in appearance through Mr. Sanjay Nagpal, Advocate. The record of the complaint case was summoned. We have heard the learned Counsel for the appellant Mr. R.K. Gupta, Advocate and the learned Counsel for the respondent Mr. Sanjay Nagpal, Advocate and have carefully perused the record and the impugned order.

The Hon''ble National Consumer Disputes Redressal Commission, New Delhi (for short hereinafter referred to as the National Commission) in Revision Petition No. 2236 of 2003 filed against the judgment of this Commission in appeal upheld the judgment of this State Commission vide order dated 12.11.2003 and it was held that the contention raised by the Counsel appearing for the Insurance Company which was a National Insurance Company Limited that the driver of the vehicle was not entitled to drive Maruti Van, was without any substance. The driver in that case was also having the licence for driving the car, jeep and other light vehicles.

SINCE the legal position has been well settled regarding the Maruti Omni Van being included in the light motor vehicles and a person holding a licence to drive the light motor vehicle like scooter, motor cycle, car and jeep is entitled to drive the Maruti Omni Van, this appeal is devoid of merit and is deserved to be dismissed. No other point was urged in this appeal. Resultantly, the appeal is dismissed. However, the costs shall be borne by the parties themselves. Copies of this order be sent to the parties free of charge. Appeal dismissed.