KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

            APPEAL:688/05

                              JUDGMENT DATED:30-09-2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

Haneefa B.P, S/o Pareeth,

6/1317 (ii/14), Brayel house,

Randar.P.O, Karimattom,                                   : APPELLANT

Moovattupuzha.

(By Adv:Sri.Tom Joseph)

          Vs.

M/s Cholamandalam MS General-

Insurance Co. Ltd., IInd Floor,

Acel Estate, Iyyattil Junction,                                       : RESPONDENT

Chittoor Road, Kochi-11.

(By Adv:Sri.Mathew Jacob)

                                                JUDGMENT

JUSTICE SHRI.K.R. UDAYABHANU : PRESIDENT

The appellant is the complainant in OP.79/05 in  the file of CDRF, Ernakulam.   The complaint  stands dismissed.

2. It is the case of the complainant that the pick up autorikshaw owned by him met with an accident on 11/12/2004 as it collided with a Jeep.  According to him he sustained a loss of Rs.30,977/-.   The claim was repudiated on the ground that the complainant was not having the badge to drive the transport vehicle at the time.

3. In the version filed it is contended that the driver was not having license and badge and that the license issued was only to drive 3 wheeler non transport vehicle.

4. The evidence adduced consisted of the testimony of PW1, Exts.A1 to A3 and Exts.B1 to B4.

5. The Forum has dismissed the complaint.  The complainant has produced Ext.A3 copy of the driving license which would show that he is having the license to drive 3 wheeler non transport vehicle.  The date of issue of the license is 28/5/2004.  It is not disputed that he was not having the badge.  The counsel for the appellant has relied on the decision of the Supreme Court in Amalendu Sahu Vs. Oriental Insurance Co. Ltd., 2010 SAR, Civil 405 wherein the Court has held that in such cases the claim is to be settled on non standard basis.  It is as per the guide lines of the General Insurance Corporation itself.  Up to 75% of the claim has to be paid on settling on non standard basis.  The vehicle had comprehensive insurance coverage.  It is also pertinent to note that vide Rule 6 of the Kerala Motor Vehicles Rules 1989 that no experience of one year as provided for 4 wheeler vehicles is required for an authorization to drive an autorikshaw.   It is evident that the opposite parties are liable to settle the claim on non standard basis.  In the circumstances the order of the Forum is set aside.  The opposite parties are directed to settle the claim on non standard basis within 3 months from the date of receipt of this order failing which the complainant would be entitled for interest at 12% per annum from the date of this order.  The appellant would be entitled for cost of Rs.5000/-.

In the result the appeal is allowed as above.

The office will forward the LCR along with the copy of this order to the Forum.

JUSTICE K.R.UDAYABHANU:  PRESIDENT

VL.