K.K. Srivastava, President:
1. We have heard the learned Counsel for the appellant Mr. Pradeep Bedi, Advocate. The District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (for short hereinafter referred to as the District Forum) has allowed the complaint partly and directed the O.P. - National Insurance Company Limited (for short hereinafter referred to as the Insurance Company) to pay a sum of Rs. 10,468.44 P. as cost of repairs and Rs. 4,000/- as survey fee bringing the total amount to Rs. 10,868.22 P. which has been directed to be paid with interest @ 6% per annum from the date two months after the date of lodging of the claim by the complainant and also to pay Rs. 500/- as costs of litigation within two months from the date of receipt of certified copy of the order.
2. The respondent got his Maruti Omni vehicle registration No. HR-30D-0075 insured with the appellant under cover note No. A405380 for a period from 29.12.2000 to 28.12.2001 for a sum of Rs. 1,50,000/-. The said vehicle during the period of insurance met with an accident and the insurance claim was preferred by the respondent/complainant with the appellant-Insurance Company which was, however, repudiated vide letter dated 5.2.2001 on the plea that Shri Naresh Kumar, driver who was driving the vehicle at the relevant time was not possessing an effective and valid driving licence for driving the said eight seater Omni vehicle.
3. Feeling dissatisfied, the respondent filed the complaint and prayed that the Insurance Company be directed to pay a sum of Rs. 18,868.44 P. with interest @ 18% per annum as compensation/claim in respect of the damage to the insured vehicle. The complaint was opposed by the appellant who pleaded, inter alia, that the driver Shri Naresh Kumar was not holding a proper driving licence inamuch as the driving licence holding by him only for driving a car/motorcycle/jeep.
4. The sole question which came up for consideration before the District Forum was that whether the aforesaid driver Sh. Naresh Kumar was in possession of a valid and proper driving licence to drive the Omni eight seater vehicle. The District Forum relied on the decision of the Honble High Court of Punjab and Haryana in the case of Hardayan Singh v. Chiranji Lal and Ors., PLR Vol. CXXXII (2002-03) 464, holding that the licence granted for driving a scooter/motorcycle/car/jeep shall be considered to be a driving licence for a light motor vehicle as per the definition of a light motor vehicle as contained in Section 2(21) of the Motor Vehicles Act, 1988. This Commission also expressed the same view in Complaint Case No. 18 of 1998, Inderjit Gulati v. United India Insurance Company, decided on 8.10.1999. The learned Counsel for the appellant was unable to show any other law to the contrary.
5. The District Forum, in our considered opinion, rightly held that the appellant-Insurance Company was not justified in repudiating the claim. The complaint was rightly allowed and cost of repairs with survey fee with interest has been rightly allowed together with costs of litigation of a sum of Rs. 500/- by the District Forum. We find no infirmity in the impugned order. The appeal is dismissed in limine.
Copies of this order be sent to the parties free of charge.