Case nº Revision Petition No. 825 Of 2016, (Against the Order dated 28/12/2015 in Appeal No. 194/2015 of the State Commission Himachal Pradesh) of NCDRC Cases, May 12, 2017 (case National Insurance Co. Ltd. Vs Mata Naina Devi Ji Fuel Centre Through Its Proprietor Shri Balak Ram)

JudgeFor Appellant: Mr. Pradeep Gaur, Advocate and For Respondents: Mr. Suman Thakur, Advocate
PresidentMr. Ajit Bharihoke,Presiding Member and Mr. Anup K Thakur,Member
Resolution DateMay 12, 2017
Issuing OrganizationNCDRC Cases


Ajit Bharihoke, Presiding Member

  1. This revision is directed against the order of the State Commission Himachal Pradesh dated 28.12.2015 in FA no. 194/2015.

  2. The respondent complainant being owner of vehicle no. HR-19B-0475 purchased packaged goods carrying vehicle insurance policy qua the said tractor for the sum insured Rs.7,38,400/-. The policy was valid from 27.05.2006 till 26.05.2007.

  3. The respondent complainant also purchased Carrier Legal Liability Insurance Policy for the said tanker for total sum insured Rs.4,00,000/-. The policy was valid from 30.01.2007 till 29.01.2008.

  4. That on 05.032007 the subject vehicle carrying diesel while being driven by the driver Dina Nath met with an accident near Lalru District Patiala. Consequently, the tanker truck suffered damage and whole of the diesel loaded in the tanker spilled out of the tanker.

  5. The respondent complainant filed two separate claims against the damage caused to the subject vehicle and in respect of loss of diesel as a result of accident. Both the claims were repudiated. The complainant, therefore, filed two separate complaints. The opposite party insurance company settled the claim pertaining to damage to the tanker in Lok Adalat for Rs.24,350/-.

  6. As regards the claim for loss of diesel, the insurance company appointed one Sh. Gurvinder Singh, Surveyor to assess the loss under the Carriers Legal Liability Policy. The surveyor vide his report dated 29.06.2007 assessed the value of loss of diesel to the tune of Rs.2,41,831/-. The insurance company, however, vide repudiation letter dated 16.01.2012 repudiated the claim against the loss of diesel on the ground that at the time of accident, Dina Nath was not having valid driving license to drive the vehicle carrying hazardous goods, which is mandatory as per Rule 9 of the Central Motor Vehicle Rules, 1989. Being aggrieved of the repudiation of the claim, the respondent filed consumer complaint in District Forum Bilaspur praying for direction to the insurance company to indemnify the loss of diesel to the extent of Rs.2,93,290/- and also to pay compensation of Rs.8,50,000/- alongwith cost of litigation.

  7. The petitioner insurance company on being served with notice of the complaint filed written statement denying any deficiency in service. It was pleaded that insurance claim was repudiated because Dina Nath was not having valid driving license with the endorsement authorizing him to drive the vehicle carrying hazardous goods.

  8. The District Forum on consideration of pleadings and evidence vide its order dated 19.08.2015 dismissed the complaint. The respondent complainant being aggrieved of the order of the...

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