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Case nº Revision Petition No. 2409 Of 2014, (Against the Order dated 26/02/2014 in Appeal No. 311/2012 of the State Commission Gujarat) of NCDRC Cases, May 25, 2017 (case Ms. Royal Sundaram Alliance Insurance Co. Ltd. Vs Irfan Nurmohammad Memon)

Document Cited in Precedent Map Related
Vincent
Judge:For Appellant: Mr. S.M. Tripathi, Advocate
President:Mr. Dr. B.C. Gupta,Presiding Member and Mr. Dr. S.M. Kantikar,Member
Defense:Consumer Protection Act, 1986 - Section 21(b); Motor Vehicles Act, 1988 - Sections 2(21), 3, 14
Resolution Date:May 25, 2017
Issuing Organization:NCDRC Cases

Order:

Dr. B.C. Gupta, Member

  1. This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the order dated 26.02.2014, passed by the Gujarat State Consumer Disputes Redressal Commission (hereinafter referred to as ''the State Commission'') in First Appeal No. 311/2012, "Royal Sundaram Alliance Insurance Co. Ltd. versus Irfan Nurmohammad Memon", vide which, while dismissing the appeal, the order dated 21.01.2012, passed by the District Forum Surat in consumer complaint No. 218/2009, filed by the present respondent/complainant, allowing the said complaint, was upheld.

  2. Briefly stated, the facts of the case are that the respondent/complainant, Irfan Nurmohammad Memon obtained a motor insurance policy from the petitioner insurance company for the period 28.01.2008 to 27.01.2009 in respect of his Maruti Omni Cargo vehicle, bearing registration No. GJ5YY5952 on 21.11.2008. The vehicle, while being driven by the first cousin of the complainant met with an accident with a truck, bearing registration No. GRY 4610. As per the complainant, at that time, his cousin was going to deliver wrist watches by loading them in the said cargo vehicle and travelling from Bhaijipura and going towards Valod. The complainant lodged a complaint with Valod Police Station as crime registration No. First 66/2008. The Insurance Company was also informed about the accident and they appointed a surveyor to assess the loss. As per the complainant, he obtained an estimate for repair of the vehicle from an authorised service station, amounting to `2 lakh and the said service station stated that exact estimates will be given afterwards. However, the surveyor appointed by the insurance company assessed the loss to be `1,23,175/- and submitted his report dated 20.12.2008. However, the insurance company repudiated the claim on the plea that the person driving the vehicle did not have a valid and effective driving licence at the time of accident. He was holder of only a licence for Light Motor Vehicle (non-transport) issued for the period 18.05.2007 to 17.05.2027. The consumer complaint was then filed on 12.03.2009 before the District Forum, claiming a sum of `3 lakh on total loss basis and alternatively for `2.5 lakh on repair basis and other relief.

  3. The complaint was resisted by the insurance company by filing a written statement before the District Forum, in which they stated that the person driving the vehicle did not possess a valid and effective licence at that time and hence, there was violation of the terms and conditions of the...

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