Tribunals and Commissions(1992) 04 NCDRC CK 0007

UNITED INDIA INSURANCE CO. LTD. vs SURENDER DUTT BHANDARI

National Consumer Disputes Redressal Commission · Decided on 26 April 1992 · Citation: 1992 0 NCDRC 67

HON’BLE JUDGES
V.BALAKRISHNA ERADI , Y.KRISHAN , B.S.YADAV J.

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Judgment

2 paragraphs · 198 words
1.

FROM the very order passed by the State Commission it is apparent that the State Commission has found that the reasons stated by the Insurance Company for repudiating the liability were factually correct and well founded. Those grounds were that at the time of the occurrence of the accident, the transport vehicle was being driven by the conductor who did not possess valid driving license and that in contravention of the relevant rules framed under the Motor Vehicles Act four persons were occupying the driver''s cabin in addition to the driver.

2.

IN these circumstances, the repudiation of liability by the Insurance Company was perfect in order and it cannot be said that there was any deficiency in service on the part of the Insurance Company so as to render the Insurance Company liable to be proceeded against under the Consumer Protection Act. On this short ground we set aside the orders passed by the State Commission and the District Forum and dismiss the complaint petition, reserving liberty to the complainant to pursue any other remedies that he may have under the law. The petitioner will get its costs from the Respondent which we assess Rs. 1,000/-.