The apex consumer commission has denied insurance claim to a man for his insured car which got damaged in 2004, noting that its driver was using it as "transport vehicle" without having appropriate licence.
National Consumer Disputes Redressal Commission (NCDRC), presided by Justice K S Chaudhary, dismissed the plea of Delhi resident Birender Mishra, who had sought insurance claim from New India Assurance Co Ltd, and said that "a person who does not hold the licence to drive transport vehicle cannot drive transport vehicle and if he drives transport vehicle, insurance company cannot be fastened with any liability".
"Opposite party (insurance firm) has not committed any deficiency in repudiating claim," the commission said.
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It said that the insurance company can be held liable only if driver holds valid driving licence to drive the vehicle at the time of the accident.
"Further, it has wrongly been observed that the use of non-transport vehicle as a taxi does not change the character of the vehicle from LMV (light motor cehicle) to HMV (heavy motor vehicle) or to any other category, because transport vehicle can be plied only by a person holding valid driving licence to drive transport vehicle," it said.
Mishra had earlier told the district forum that his vehicle, insured with the insurance company, met with an accident in May 2004, and suffered extensive damage.
He had said that he spent Rs 1,15,975 on the repairs of the vehicle and submitted claim to the company, which, however, repudiated it on the ground that the driver was holding two driving licences and vehicle was registered as a taxi, but driver was not holding appropriate licence for it.
Alleging deficiency on the part of company, Mishra had filed complaint before a district consumer forum, which directed it to pay Rs 1,15,975, besides Rs 7,000 for compensation and cost of litigation.
The company, however, filed an appeal before the Delhi State Consumer Disputes Redressal Commission against this order. The state commission, however, dismissed the appeal.
