The apex consumer commission has denied insurance claim to a man for his commercial vehicle, saying that at the time of accident the driver was holding a licence for only light motor non-transport vehicle.
National Consumer Disputes Redressal Commission (NCDRC) bench, presided by Justice K S Chaudhari, passed the order while allowing a revision petition filed by ICICI Lombard General Insurance Co Ltd against Karnataka State Consumer Disputes Redressal Commission.
The state commission had upheld an order of district consumer forum asking the firm to pay Rs 2,45,983 to the complainant Mainuddin, owner of the commercial vehicle.
"At the time of accident, driver of vehicle was not possessed with the valid driving licence and in such circumstances, OP (firm) has not committed any deficiency in repudiating claim and district forum committed error in allowing the complaint and state commission further committed error in dismissing appeal.
"Hence, revision petition is to be allowed," NCDRC said in an ex-parte order as Mainuddin failed to appear before it.
The apex commission noted that the driver was holding licence to drive LMV (light motor vehicle) non-transport, which was not valid for the commercial vehicle he was driving.
In its order, NCDRC also noted that to drive a transport vehicle, licence is issued for three years, whereas for light motor vehicle, licence is issued for 20 years.
Licence was issued to driver, valid from September 20, 2004 to September 19, 2024, but he was not permitted to drive transport vehicle, it noted.
Mainuddin had earlier told the forum that his vehicle, insured with firm, met with an accident in October 2006 and, thereafter, he sought an insurance claim of Rs 2,79,983.
As the claim was not settled, Mainuddin filed a complaint before the district consumer forum.
The insurance firm in its appeal had submitted that the vehicle was a transport vehicle which was driven by a person not holding valid driving licence.
